Study on the legal basis of cluster famer housing development and the related consumer disputes

• Main Authors: Yen-yu Hsieh, 謝燕玉
• Other Authors: Ting-ya Hsieh
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/77570728448610970743

碩士 === 國立中央大學 === 營建管理研究所碩士在職專班 === 99 === The release of free transactions of farmland to non-farmers and farm enterprise groups who can buy farmland since The Agricultural Development Act was revised on 4th January 2000. The land policy was adjusted from “the right to own and use farmland being limited to the farmer” to “the release of the restriction on farmland transferee and realization of the substantial farmland uses”. Hence the farmland became the interest to construction builders to develop the farmland into a dreaming living house named ‘cluster farmhouse’ – a high value European style villa with garden, countryside and landscape. The transaction style of ‘cluster Farmhouse’ is a joint-development behavior to farmland and is different from the transaction of normal individual farmhouse. This research is to explore the protection of consumer rights and interests when constructing a ‘cluster farmhouse’ through the current transaction of ‘cluster farmhouse’, from selling to hand over and after protection, discrepancy guarantee obligation, and analyzing the relationship of rights and obligations among all related parties based on the current law plus recommending strategy towards sorting transaction procedures and examining easily occurrence of dispute types in order for the government authority to raise out control methods and regulated laws of measures in order to accomplish three wins of completely implementing land policy, full of vitality in farm house economy and also paying attention to consumer rights and interests. This research consists of five chapters whose main ideas are: a) “Introduction” includes background, motivation, purpose, method and procedure; b) “Literature review” includes character of development transfer, related theses, application of ‘cluster farmhouse’ construction, conception of standard contract, being asymmetric of consuming information and dealing with real estate dispute; c) “Exploring current situation of ‘cluster farmhouse’ and construction” includes current constructing situation and transaction type of ‘cluster farmhouse’, related parties and rights and obligation among each parties plus raising questions; d) “Verification” includes dispute types and how to dealing strategies; e) “Conclusion and Recommendation”.