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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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