THE ROLE AND INVOLVEMENT OF NOTARIES IN PROTECTING CONSUMER RIGHTS IN RESIDENTIAL PRECONSTRUCTION CONTRACTS

Abstract

With increasing population density, citizens are increasingly entering 
into residential pre-construction contracts to seek affordable housing 
opportunities. However, construction companies typically draft 
standard contract terms that primarily serve their own interests, 
providing the ordering party with little to no practical opportunity to 
negotiate or amend the contractual content. Specifically, these 
contracts are unilaterally drafted by business entities and uniformly applied to all consumers, without any mechanism for bilateral 
negotiation. This creates a “take-it-or-leave-it” situation, in which the 
ordering party must either accept the contract as presented or forgo 
the transaction entirely. In formulating these terms, contractors often 
grant themselves preferential status while imposing disproportionate 
liabilities and restrictive rights on consumers. Moreover, due to the 
frequent use of technical legal jargon and ambiguous language, 
consumers often sign such agreements without fully understanding 
their implications. This article examines the legal regulation of 
residential pre-construction contracts, identifies the underlying causes 
of violations of ordering parties’ rights, and analyzes the preventive 
role and involvement of notaries. Finally, the study proposes 
recommendations to refine the legal framework and enhance consumer 
protection.