Analysis of the Pre-sale Contract for Real Property ( Version 2000 )
--------Jonathan You

If the 2000 version of the Pre-sale Contract for Real Property is to be used in the potential purchase of real property in China, it should be noted that it contains a few shortcomings:
· First, some important items, such as internal floor space and shared floor space, are typically deleted or omitted intentionally by developers. This makes it easier for them to overcharge customers.
· Second, items formulated by the government are typically ignored by developers, and supplementary clauses are attached instead. These are usually made by the developers and are invariably much more favorable to the developer, and not the buyer.
· Third, a lack of items concerned with municipal guidelines, such as the distance between buildings, the easement of light and the land area of gardens, may lead to vagueness when it comes to the developer's obligation.

In consideration of the factors mentioned above, the author suggests that the Real Estate Measuring & Drawing Report should always be an essential attachment to the Contract, any supplementary clauses should be registered with the recording of the Contract, and any items related to municipal guidelines should be added. Most of all, simple common sense should always be employed. One should always carefully read the Pre-Sale Contract, and not let the seller wave it off as "standard", because many developers have been known to make changes that result in the Contract no longer being "standard".


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