1, the management measures for the pre-sale of urban commercial housing are the management regulations for the pre-sale of urban commercial housing formulated by the state in order to strengthen the management of the pre-sale of commercial housing and safeguard the legitimate rights and interests of both parties to the commercial housing transaction, according to the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Development and Operation. DecreeNo. 13 1 issued by the Ministry of Construction of the People's Republic of China came into effect on 1995 1 month 1.
2. The Measures for the Administration of Commercial Housing Sales (hereinafter referred to as the Measures) is formulated in accordance with the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Development and Operation in order to standardize the sales of commercial housing and protect the legitimate rights and interests of both parties to commercial housing transactions.
3. The Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Commercial Housing Sales Contract Disputes is to correctly and timely hear commercial housing sales contract disputes, in accordance with the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Law of the People's Republic of China on Urban Real Estate Management, the Law of the People's Republic of China on National Guarantee and other relevant laws.
Extended data:
1, Article 1 The term "commercial housing sales contract" as mentioned in this interpretation refers to a contract in which a real estate development enterprise (hereinafter collectively referred to as the seller) sells a house that has not been built or has been completed to the public and transfers the ownership of the house to the buyer, and the buyer pays the price.
2. Article 2 If the seller fails to obtain the certificate of pre-sale permit of commercial housing, the pre-sale contract concluded with the buyer shall be deemed invalid, but if the seller obtains the certificate of pre-sale permit of commercial housing before the prosecution, it may be deemed valid.
3. Article 3 The sales advertisements and publicity materials of commercial housing are invitations to offer, but the explanations and promises made by the seller on the housing and related facilities within the scope of commercial housing development planning are specific and have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price, which shall be regarded as an offer. Even if the explanation and promise are not included in the commercial housing sales contract, they should also be regarded as the contents of the contract. If the parties violate it, they should bear the liability for breach of contract.
4. Article 4 If the seller accepts the down payment from the buyer as a guarantee for concluding the commercial housing sales contract by subscription, order or reservation, if the commercial housing sales contract cannot be concluded due to one of the parties, it shall be handled in accordance with the provisions of the law on down payment; If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.
5. Article 5 The agreement on subscription, ordering and booking of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, and the seller has accepted the purchase price as agreed, the agreement shall be deemed as a commercial housing sales contract.
6. Article 6 If a party requests to confirm that the pre-sale contract of commercial housing is invalid on the grounds that it has not gone through the registration and filing procedures in accordance with laws and administrative regulations, it will not be supported. If the parties agree that the entry into force of the pre-sale contract of commercial housing is based on registration and filing procedures, such agreement shall prevail, but one party has fulfilled its main obligations, unless the other party accepts it.
Baidu Encyclopedia-the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts