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由于房地产市场中开发商提供的地产商品同质化严重,主题设计、目标人群、商业模式雷同,导致市场竞争愈发激烈。一些开发商为了以成本较低的方式赢得竞争,纷纷在促销方式上做出改变,最常见的就是广泛应用于写字楼、铺面销售中的售后返租。由于开发商的宣传攻势猛烈、许诺的返租诱人,售后返租的方式受到购买者的追捧。但由于我国相关立法不够完善,售后返租模式本身存在的缺陷,加之我国房地产企业信用机制的缺失,其在实际运行中存在不少问题,尤其是购房者对于售后返租缺乏客观全面的了解导致的对风险认识不足,纠纷爆发后难以维权。本文试图通过对商品房售后返租的潜在风险进行分析,并就相关问题进行法律评析,最后对买方权益的保护提出一些建议,这对于预防售后返租的风险有着积极的意义。
Due to the serious homogenization of real estate commodities provided by developers in the real estate market, the same theme design, target population and business model lead to fiercer market competition. Some developers in order to lower costs to win the competition, have made changes in the way the promotion, the most common is widely used in office buildings, sales of shops in the leaseback. Due to the violent propaganda developers, promised attractive return rent, after-sales rentback sought after by buyers. However, due to the imperfect legislation in our country, the drawbacks of after sales rentback model itself and the lack of credit mechanism of real estate enterprises in our country, there are many problems in the actual operation, especially the lack of an objective and comprehensive understanding of homebuyer rentback Of the lack of awareness of the risk, the dispute is difficult to safeguard their rights. This article attempts to analyze the potential risks of sale and leaseback of commercial houses, and make legal analysis on related issues. Finally, some suggestions are put forward to the protection of buyer’s rights and interests, which is of positive significance to prevent the risk of sale and leaseback.