What are the systems for pre sale of real estate in real estate?

Now many real estate projects have not been able to get two certificates for a long time, so they must buy existing houses safely.

The pre-sale of commercial housing implements a licensing system. The developer of the pre-sale property shall hold a legal and valid pre-sale permit for commercial housing, and the act of pre-selling without obtaining a pre-sale permit is illegal, and the pre-sale contract for commercial housing concluded with the buyer shall be deemed invalid, but if a legal and valid commercial housing pre-sale license is obtained before the lawsuit is filed, it may be deemed valid.

[Legal basis].Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing.

The pre-sale of commercial housing shall meet the following conditions:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined.

Article 6 of the Administrative Measures for the Sales of Commercial Housing.

The pre-sale permit system is implemented for the pre-sale of commercial housing. The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

The founder of the pre-sale system of the trading company was Fok Ying-tung, a Hong Kong businessman. Next, Jintou introduced who proposed the housing pre-sale system.

In 1953, Fok Ying-tung proposed pre-sale of pre-sale and advocated installment payment. The system was subsequently introduced from Hong Kong to the mainland, and was enshrined in the 1994 Law on the Administration of Urban Real Estate and subsequent Regulations on the Management of Premature Births in Urban Real Estate and Mountains, and the Measures for the Administration of Pre-sale of Trading Companies. After that, this method of selling new homes was widely used.

Legal analysis: the pre-sale of commercial housing implements a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

Legal basis: Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing implements a licensing system for the pre-sale of commercial housing. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

Legal analysis: China is a socialist market economy, as China's most important market - an important system in the real estate market, China's commercial housing pre-sale legal system stipulates that the pre-sale of commercial housing has five obvious characteristics:

Legal basis: First, the pre-sold commercial housing must be a housing project constructed as a commercial housing project, not some social welfare housing approved by the first class, or social security, social assistance housing, nor some self-built fund-raising housing within some units or non-socialized and commercial housing built by urban residents on their own residential land. As a result, such houses have obvious characteristics of socialization, commodification, and public sale.

Second, the pre-sold commercial housing is a house in a specific state, that is, it must be a commercial house that has started construction and is in a normal state of construction, but has not yet been completed. It is not a commercial housing project that has not yet started, nor is it an existing commercial housing that has been completed and put into use, nor is it a "half-pulled" project that has long been suspended and cannot continue construction, or a commercial housing project that cannot be predicted or determined when it is built and stopped.

Third, the pre-sold commercial housing must exist objectively and be in a normal state of construction. That is, as a commercial house, it does not exist in reality before it is completed and delivered. Therefore, the most significant feature of pre-sale is the early sale of a house that is under construction, has not yet been completed and delivered, and does not actually exist.

Fourth, the main body of the pre-seller of commercial housing pre-sale is a special commercial housing developer, which must be a development enterprise with the conditions for commercial housing pre-sale, that is, a commercial housing development enterprise with statutory and specific characteristics. The buyer is the unspecified subject of the society, and any citizen who wants to buy the pre-sale of commercial housing can become the buyer of the pre-sale of commercial housing.

Fifth, the pre-sale of commercial housing must be in accordance with the relevant laws and regulations, with the necessary conditions, especially the pre-sale license of commercial housing approved by the relevant departments, and the information on the pre-sale of commercial housing and relevant legal provisions to the buyers, that is, with statutory openness.