Real estate transaction

Author: Xu Haifeng, Editor-in-Chief
Publisher:
Publishing Date: 2004-06-01
Features: With the reform of China's housing system, the welfare housing allocation system has been abolished, replaced by commercial housing transactions. Food, clothing, shelter, and transportation are the major concerns in life. After basic needs are met, housing has become an important benchmark for improving quality of life. However, China's current commercial housing transaction market is still in its infancy, with many imperfections and unsatisfactory aspects. Compared to the dominant position of real estate developers, buyers are in a clearly disadvantaged position, and the protection of their legitimate rights and interests still faces many difficulties and challenges. Especially in recent years, as the real estate market has been activated and time has passed, the hidden flaws or issues in previously purchased housing have gradually become apparent. Disputes arising from real estate transactions, housing demolition, home renovation, property management, etc., have shown an increasing trend year by year, and the number of real estate-related cases handled by courts has remained high in civil litigation. This, on one hand, indicates that real estate has already taken a significant position in people's lives, and on the other hand, reflects the growing legal awareness among the public.
The real estate industry, as a pillar of the national economy, has a long history in both China and Western societies. In feudal China, wealth was measured by the amount of land owned, leading to the emergence of wealthy "landlords" who exploited the hard-earned fruits of labor through land leasing. Today, as a newly emerging pillar industry, real estate has already become and is becoming a new growth point for China's national economy. With the rapid development of the real estate industry, urban construction has been advancing by leaps and bounds, and the living conditions and quality of the living environment for the general public have significantly improved. Regulating and guiding the healthy development of the real estate industry is an urgent task for government departments. In recent years, national authorities have successively introduced a series of laws, regulations, and judicial interpretations related to real estate, including the "Urban Real Estate Administration Law of the People's Republic of China," the "Management Measures for the Sales of Commercial Housing," the "Management Measures for the Pre-Sales of Urban Commercial Housing," the "Management Measures for the Rental of Urban Housing," the "Management Measures for Urban Real Estate Mortgage," and the "Judicial Interpretation of the Supreme People's Court on the Application of Laws in Handling Disputes over Commercial Housing Purchase and Sale Contracts." These have provided strong legal safeguards for the standardization and improvement of China's real estate industry.
Similarly, strictly ensuring the healthy and standardized development of the real estate industry while safeguarding the legitimate rights and interests of a broad range of buyers is also the sacred mission of every practicing lawyer. The compilers of this series are experienced senior practicing lawyers who have long been engaged in real estate legal practice, possessing rich theoretical and practical expertise. They have compiled their experience and lessons from years of handling cases into this series to help more buyers avoid being easily deceived. This series consists of seven books, including "Commercial Housing Transactions," "Commercial Housing Investment," "Housing Demolition," "Home Renovation," "Property Management," "Real Estate Disputes and Resolution," and "Commercial Housing Fraud Traps and Prevention." The series emphasizes the integration of theory and practice, highlighting operability, practicality, and accessibility. It provides detailed explanations of all aspects of real estate business, with key case analyses, and collects and organizes important laws and regulations related to real estate.