Legal analysis
Housing pre-sale, also known as commercial housing pre-sale and uncompleted residential flats pre-sale, refers to the real estate transaction behavior that the real estate development enterprise and the purchaser agree that the purchaser will pay the deposit or advance payment at a certain date in the future and own the existing house. Its essence is the buying and selling of housing futures, which is just a futures contract of housing. It and existing home sales have become two main forms of housing sales in China commercial housing market. The supervision of pre-sale funds of commercial housing refers to the third-party supervision of pre-sale funds of commercial housing by real estate administrative departments in conjunction with banks. Real estate development enterprises must deposit the pre-sale funds into the special supervision account of the bank, which can only be used for the construction of this project, and shall not be withdrawn or used at will. The advance payment of commercial housing refers to the purchase payment paid by the developer to the purchaser who sells the commercial housing under construction to the developer according to the agreement of the commercial housing sales contract, including the down payment, the down payment, the subsequent payment and the mortgage payment. The State Council construction administrative department in charge of the national urban commercial housing pre-sale management; The construction administrative departments of provinces and autonomous regions shall be responsible for the pre-sale management of urban commercial housing within their respective administrative areas. Commercial housing pre-sale funds should be directly transferred to the pre-sale funds supervision account opened by the project, and enterprises should regulate the use of funds under the supervision of the supervision bank to ensure the safety of pre-sale funds and protect the legitimate rights and interests of buyers.
legal ground
Article 86 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Real Estate shall submit the following materials when applying for the pre-sale registration of commercial housing: (1) The pre-sale contract of commercial housing that has been filed; (two) the parties' agreement on advance notice registration; (3) Other necessary materials. After the pre-seller and the pre-buyer conclude a commercial housing sales contract, if the pre-seller fails to apply to the pre-buyer for advance notice registration as agreed, the pre-buyer may unilaterally apply for advance notice registration. If the pre-buyer unilaterally applies for the pre-sale registration of commercial housing, and the pre-seller and the pre-buyer attach conditions and deadlines to the pre-sale registration in the pre-sale contract of commercial housing, the pre-buyer shall submit corresponding materials. Where the commercial housing applying for advance notice registration has been registered for the first time for the mortgage of the building under construction, the parties shall jointly apply for cancellation of the mortgage of the building under construction, and submit the transfer materials of real estate ownership and the real estate registration certificate. The real estate registration institution shall first cancel the registration of the mortgage right of the building under construction, and then handle the advance notice registration. "Measures for the Administration of Commercial Housing Sales" Article 3 The sale of commercial housing includes the spot sale of commercial housing and the pre-sale of commercial housing. The term "spot sale of commercial housing" as mentioned in these Measures refers to the act that a real estate development enterprise sells a commercial housing that has passed the completion acceptance to a buyer, and the buyer pays the house price. The term "pre-sale of commercial housing" as mentioned in these Measures refers to the act of real estate development enterprises selling commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.