商品房买卖合同管理中几个问题的思考

Consideration on some problems in the contract management of commercial house business

针对当前商品房买卖合同管理中存在的问题,如合同订立难以体现买受人的意愿以及个别合同条款内容空白、不明,房地产开发商不经买受人同意违反合同法转移合同债务,房屋质量缺陷多、维修难,房地产开发商违约理赔难等一些有悖于公平、平等、诚实信用原则的问题进行剖析,明确其存在的根源在于房地产开发商凭借强势,利用政策善意,侵害买受方的合法权益,提出了补充完善示范合同条款,政府建设行政主管部门加强合同管理与审查,吸收买受人代表参与过程监督和竣工验收,在合同中约定保修金,加强政府建设行政主管部门的主动监管等对策,以期完善商品房销售制度,规范房地产交易行为。

Aim at the problems of the commercial house bargaining contract at present, such as the contract can hardly reflect the wishes of the buyer, some contents are empty and ambiguous, the real estate developers transfer the debt of the contract in violation of buyer＇s willing illegally, housing quality defects, maintenance difficulties, difficult in amends for breach of contract claims. Through anatomizing these problems that contrary to the principle of equity, equality, good faith, the author points out that the fundamental reason is that some real estate developers aggrieve the buyer＇s legal benefit by fight of power and abusing goodwill of policy. Bring forward some countermeasure including that add to improve the terms of the contract model and the administrative departments should supervise and censor the contract farther, the representatives of buyer participate in the process of constructing and final acceptance, constituting maintenance fund in contract, the administrative departments strengthen the initiative of supervising and so on. The main purpose is to perfect the system of real estate sales and regulate real estate transactions.