Article 44 of China's Urban Real Estate Management Law stipulates that the pre-sale conditions of commercial housing shall include the following provisions:

(1) The land use right transfer fee has been paid in full, and the land use right certificate has been obtained, but the land use right is not mortgaged.

(2) Holding a construction project planning permit. If real estate developers build their own commercial houses and pre-sell them in violation of urban planning, the real losers will be well-intentioned property buyers.

(3) According to the pre-sale of commercial housing, the developer's investment in development and construction should reach more than 25% of the total investment in engineering construction, and the construction progress and completion delivery time have been determined.

(four) signed an agreement with financial institutions to supervise the advance payment.

(5) It has gone through the pre-sale registration with the real estate management department of the people's government at or above the county level and obtained the pre-sale permit certificate of commercial housing; Where commercial housing is pre-sold overseas, the approval documents for overseas sales shall be obtained at the same time.

The pre-sale contract of commercial housing shall include the following contents:

(1) The legal representative of a legal person organization shall sign the names and addresses of both parties.

(2) the subject matter, that is, the location and quantity of pre-sold goods.

(3) Quantity: The quantity and area of pre-sold commercial housing should be calculated in square meters, and it is clear that the construction area is still the usable area or other areas.

(4) The price is the price of the house, such as how many yuan per square meter. Indicate not only the unit price, but also the total price; Although China's "Real Estate Management Law" stipulates the conditions and procedures for the pre-sale of commercial housing, there is no uniform provision on the amount and duration of the pre-sale payment, and the parties should make it clear in the contract. According to the regulations of the Ministry of Construction, the advance payment of commercial housing should not exceed 40% when the housing starts construction, then 60% when the construction workload is completed, 95% when the housing is capped, and then all the money is collected when the housing is delivered.

(5) Delivery method and time limit, including the payment method of advance payment and the delivery method of the house.

(six) the nature of the house, clearly defined as residential housing, office housing, business housing or other housing.

(7) the way and time limit for the transfer of housing property rights.

(8) Liability for breach of contract.

(9) Other terms agreed by both parties.

After the consumer and the development enterprise sign the pre-sale contract of commercial housing, they should urge the development enterprise to handle the registration and filing procedures of the pre-sale contract of commercial housing at or above the county level in 30 days. Once registered, it can not only prevent the development enterprise from selling fake goods over an area, repeating sales, repeating mortgages, making false mortgages and selling them after judicial seizure, but also prevent the development enterprise from arbitrarily changing or modifying the contract, resulting in the loss of state taxes and fees.

Real estate developers can only sell commercial housing to buyers after meeting the pre-sale conditions of commercial housing. If it is impossible to obtain evidence, it will be punished by the relevant departments and ordered to stop the pre-sale activities. The pre-sale contract signed by the developer and the buyer without obtaining the pre-sale permit of commercial housing has no legal effect. Therefore, when buying a house, buyers should first check whether the developer has obtained a pre-sale permit, otherwise it is easy to buy an uncompleted residential building and let themselves suffer.