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近些年来,我国的房地产市场可谓是如火如荼地发展着。他们不断地开发、筹资、售楼、再开发、再筹资、再销售周而复始。其中商品房的预售也是房地产开发商筹资方式的一种。也正是因为如今房屋开发商的市场十分火热,在房屋的预售交易中预购者的弱势地位,在交易时很难达到真正的公平与合理。基于对当前买方者的权益保护,本文从我国的法律制度角度分析商品房预购合同的组成与约束力,探讨买房者在房屋交易过程中权益受到损害的原因,从而加强买房者在商品房交易过程中的注意事项与法律意识,提出订立合同前中后期的建议意见,以切实保护预购人在商品房预售中的权益。
In recent years, China’s real estate market can be described as in full swing to develop. They continue to develop, raise funds, sell, redevelop, refinance and sell again and again. One of the pre-sale of commercial real estate developers is also a means of financing. It is also because of the housing market is very hot now, pre-sale transactions in the housing pre-buyers of the disadvantaged position in the transaction is difficult to achieve a real fair and reasonable. Based on the protection of the rights and interests of the current buyer, this article analyzes the composition and binding power of the pre-purchase contract of commercial housing from the perspective of the legal system of our country, explores the reasons for the damage of the rights and interests of home buyers in the process of housing transaction, Precautions and legal awareness, put forward the advice before the conclusion of the contract, in order to effectively protect the pre-purchaser in the pre-sale of commercial property rights.