| Summary: | 碩士 === 銘傳大學 === 法律學系碩士在職專班 === 105 === One may feel overstretched when it comes to real estate transactions as the real estate market is characterized in large transaction amount, complicated segments of the secondary markets, and imperfect competitive market. The collection of information and the search of trading counterparts are relied on real estate brokers. However, due to incomplete information and asymmetric information, moral hazard or adverse selection occurs in the mandate relationship with both the buyer and the seller. Therefore, it has become a very important issue for a healthy real estate transaction that how to elevate the status of the consumers such that the incomplete information can be improved.
In the past, we relied on brokers to provide the transaction prices of real estate markets. There were no fair and objective standards. Consequently, the housing prices were gradually out of control. Hence, it is difficult to regulate normal prices through market mechanism. In order to make the housing prices right and to improve real estate markets, “actual price registration” was established by promulgation and government intervention; accordingly, the housing prices in the real estate markets are gradually revealed. However, it is found that those countries having relatively transparent real estate transaction information, which are known for free-market economies, have more transparent transaction information even though the prices are not intervened by the government. From the point of view of economic convenience, is it economically beneficial for our actual price registration to have the land administration agents as declaration obligors in our country? Moreover, when it comes to restricting or infringing rights and obligations, does the system provide sufficient protection to the basic rights protected by the Constitution? The land administration agents thus are against such system. In addition, what is the basis of a third party other than a contracting party that is given the obligation to disclose information before contracting? If the agents are in breach of the duty as good administrators, the civil damage compensation system applies. So, what is the reason for the public law to intervene in private law? In order to bring the system back to its original intention and to precipitate the economic efficiency, this article is trying to review and research such system.
This article is divided into five chapters including the economic theories of the transparency of real estate transaction information, the current status of the practices of other countries, our current practices as well as the legal research and analysis, and the related legal issues. Chapter one explains the study motivation, objectives, scope of the study, and methodology. Chapter two explores the relationship between economic theories and information transparency. Chapter three compares and discusses the enforcement of the actual price registration between other counties and our country. Chapter three also examines the merits and drawbacks of our system and those of other countries with objective standards. Chapter four discusses the existing system, explores the problems faced by our system, including legal and executive phases, and provides solutions to the problems. Chapter five is the conclusion and suggestion. I hope that, through the study of this article, the deficiency of the system of actual price registration can be revealed and the mode of operation can be improved at the system level, so that the transparency of real estate transaction information can be perfected.
|
|---|
