A number of proposals proposed to reform or cancel the real estate pre-sale system

Xinhua Guangxi Channel, Beijing, March 9, because of the infringement on the rights of buyers, increase the risk of banks and buyers, connivance developers to cover the plate reluctant, such as "Many crimes", commercial housing pre-sale system since its introduction has been criticized.　　Premier Wen Jiabao in the two sessions of the Government's work report made clear that to "improve the pre-sale system of commercial housing", so that the issue of commercial housing pre-sale system again become the focus of public opinion. --on behalf of members of the Commission to reform and even cancel the pre-sale system of commercial housing earlier this year, the Housing and urban-rural construction Department of Guangxi Zhuang Autonomous Region announced that 2010 will choose to cancel the pre-sale of commercial housing in Nanning, and then the dispute over the sale of commercial housing system has aroused wide public debate　　In this year's two sessions, a number of proposals have been proposed to reform or the total abolition of real estate pre-sale system. The Central Committee of the MDC proposal that the housing pre-sale system is a conducive to the real estate market health and stability of the financing system, but because China's real estate market just out of the planned economy, the transition of the real estate market and the selective transplant of this system, making China's housing pre-sale is not conducive to real estate market　　It also creates market and bank risks. Representatives of the National People's Congress, Taixin Shaanxi Provincial party committee Marknen proposed cancellation of pre-sale sale of the home. He believes that the pre-sale system has three major drawbacks: the first is to buy a house people only see the drawings are not in kind, resulting in the shrinking of the housing area, housing quality defects, and so on, seriously induce developers to postpone the housing, mortgage housing, or even "absconded with money" and other illegal activities, has affected Second, the pre-sale system of commercial housing is one of the pushing hands of rising house prices. Developers to recover most of the early and even the full cost, through hoarding and other ways to push up the price of housing prices, resulting in the national Real estate industry macro-control policy blocked.　　Third, the pre-sale system to reduce the threshold of developers, so that enterprises do not have the strength to develop into the real estate market, banks and buyers passively become the victim of venture capital.　　--At present, the premature sale system of commercial housing is not ripe. Although some representative members suggested the abolition of commercial housing pre-sale system, but experts believe that the current abolition of the pre-sale system of commercial housing is not ripe. Pre-sale system of commercial housing refers to the real estate development enterprises will be under construction of commercial housing pre-sale to the buyer, and by the buyer to pay the deposit or the price of money. 1994, the then Ministry of Construction promulgated the "People's Republic of China City real Estate Management measures", the establishment of pre-sale licensing system to solve the housing system reform in the early days of real estate development enterprises lack of funds, commercial housing supply problems. 2001, the Ministry of Construction also issued the "on the revision of urban commercial housing pre-sale management measures," the decision to further clarify the relevant details of the pre-sale system of commercial housing.　　Commercial housing pre-sale gradually standardized, become the main sales form of most cities. Dong, director of the Real Estate Research center of Beijing Normal University, believes that there are many drawbacks in the current model of commercial housing sale, and the development direction of the market is bound to be more fair and perfect. But in the process of urbanization in China's real estate market over a long period of time, the whole will stillIn the stage of demand, cancellation of pre-sale system is bound to raise the threshold of development funds, most small and medium-sized development enterprises will be eliminated, resulting in short-term real estate supply greatly reduced or even a vacuum period, the imbalance between supply and demand to increase prices. At the same time, the developer's capital chain significantly tightened, the speed of capital turnover will inevitably affect the development of real estate investment scale, not conducive to real estate development investment rebound.　　Whether from the macro-economic situation or the development of the real estate market itself, it is not time to cancel the pre-sale system of commercial housing. --Should strengthen the information disclosure and introduce the third party supervision to perfect the pre-sale system there are many countries in the world, but the development of the real estate market and credit level, the legal environment, the specific content of the pre-sale system is very different, the government involved in the pre-sale management degree of the housing is also a big difference　　China should strengthen the information disclosure and implement the third party funds supervision and improve the pre-sale system of commercial housing. First, strengthen the market monitoring, improve the information disclosure system, and gradually explore the construction of developer information Disclosure System. Commercial housing pre-sale system because of its non-immediate delivery of the trading methods, the length of performance and the characteristics of the subject matter itself make the information asymmetry in the transaction and the transaction risk that it brings, and once the regulation is out of control, it is often easy for the developers to "exploit the loopholes", which is the root cause of the current pre-sale system. Therefore, it is necessary to protect the legal interests and the right to know of the buyers who are in information disadvantage from the legal and institutional norms. Some experts suggest to draw on the information disclosure system of listed companies in the securities market, set up a similar pre-sale information disclosure system for developers, housing planning, housing quality, area, decoration, supporting facilities and other basic information, as well as obtain pre-sale certificate of commercial Housing listing volume, transaction amount, developer retention, etc. In the local real estate information official website for detailed announcement, accept the public supervision. At the same time, the disclosure of information into the developer integrity files, the violation of the provisions of the developers, there should be corresponding disciplinary measures.　　In order to enhance the transparency of market supply information, to help homebuyers make rational judgments on the value of housing, so that the market to form a stable and reasonable price expectations, promote the smooth development of the real estate market. Secondly, in view of the developers abuse of pre-sale funds, buyers of capital security there are large hidden dangers, the establishment of pre-sale fund third-party custody and supervision of the system to ensure the security of funds and effective use. I love my family. Vice President of Real Estate Brokerage Co., Ltd. Hu Jinghui suggested that in the pre-sale fund supervision of the introduction of the guarantee company as the subject of supervision, developers in the bank to open pre-sale funds supervision of special accounts, with the custodian bank, the guarantee company signed the Pre-sale Fund supervision tripartite Agreement, And entrust the company to the buyers of the purchase of the pre-payment will be used in the pre-sale of commercial housing construction of the guarantee, by the guarantee company legally bear all the legal responsibility for capital security, in the various procedures sound, buyers will be the pre-sale funds deposited in the account. In order to prevent developers arbitrarily misappropriation of pre-sale funds, as well as through false mortgage loan and other illegal activities.