Abstract
This article is aim to protect the purchasers of self-used houses or office buildings or dual function buildings. The purchaser knowledge is less than that of the sellers in terms of economical ability, information and related profession. Therefore, this article is specially focus on studying court verdict and practical issues and analyzing most defects types on residence transactions in order to protect the disadvantaged purchasers. By these ways, this article could provide purchasers knowledge how to deal with the constructer, to terminate the purchase contract, to claim for guarantee on object defects or for other rights in accordance with related laws. In other words, by studying what the legal liability the constructer should bear, it’s expected to reduce possible dispute and hence to provide reference for future legislation. The method would collect and review the court verdicts from Building Act, Civil Code and Consumer Protection Law. Ultimately, it could help the purchasers understanding the trend how the court views the purchase practice and further on to assure the purchasers rights and interests and to alleviate the legal resource. Chapter 2 and 3 are cross analysis based on court verdicts and theories. Apart from this, the rest of this article is based on the practical views and the court verdicts. The research method is by analyzing cases and by gathering related applicable legal results in order to analyze the practical view in the process of the pre-sale house transactions. Most common construction debate often happened in pre-sale houses. Chapter 4 enters into practical purchase disputes in time scale of pre-sale house transactions, such as pre-agreement, signing-agreement, fulfilling and delivery agreement and acceptance. Chapter 5 discusses disputes such as residence defects, radial house description, re-construction and sample mistakes.