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2006年11月1日起,《深圳市房地产买卖合同》(一手房现售)正式启用。据悉,此次出炉的新版现售合同文本,主要依据的是今年初深圳刚刚修订过的新版预售文本,规范内容大大多于此前旧版现售合同。为此,本刊记者专访了广东广和律师事务所的李园律师,就新版现售合同的相关条款,用法律的角度进行分析解读。据李律师介绍,相对预售房屋的方式,现售方式可以避免货不对板、延迟交房等诸多矛盾,具有直观、风险小、出现问题相对少的特点。当然,竣工验收后销售的现售模式,并不意昧深圳将马上实施一手房现售。该合同适用于已经初始登记,但尚未转移登记的房地产转让。李律师认为,考虑到消费者处于弱势地位,对于房产的信息了解不充分,而开发商一般处于强势地位,该合同最大的一个特点是,更倾向于对买方权益的保护,为广大买方提供了一个细化的购房指南及步骤,并尽可能减少了原版合同限制业主权利的条款。她解释说,对照新旧版合同,变化之处主要有以下几项:
November 1, 2006, “Shenzhen real estate sales contract” (first-hand housing is now available) was officially opened. It is reported that the release of the new version of the contract for sale is mainly based on the earlier revised version of Shenzhen earlier this year, the new presales text, much more content than the previous version of the existing contract for sale. To this end, the reporter interviewed Guangyuan Law Firm Guangdong lawyer Li, the new version of the terms of the contract on sale, with a legal point of view analysis and interpretation. According to lawyer Lee introduced relative to the pre-sale of housing, the way of sale can avoid the goods on the board, delayed delivery and many other contradictions, with intuitive, low risk, there are relatively few problems. Of course, the sales model after the completion of acceptance sales, does not mean that Shenzhen will soon be implemented single-home sale. The contract applies to the initial registration has not yet transferred the registration of real estate transfer. Lawyer Li believes that taking into account the disadvantaged consumers, poor understanding of the real estate information, and developers are generally in a strong position, the biggest feature of the contract is more inclined to protect the rights and interests of buyers for the majority of buyers A detailed guide to purchase and steps, and to minimize the original contract to limit the rights of owners of the terms. She explained that the main differences between the new and the old contracts are as follows: