Utilizing the capacities of the notary in managing the pre-sale process in the light of the theory of "contracting project management" with emphasis on Agency Problem

The expansion of urbanization,raised raised the issue of housing and construction development as a necessity.In this regard, the legislator, by creating a contract called pre-sale of buildings, in addition to facilitating access to affordable housing, helped finance construction projects. However, the pre-sale contract is like a sapling that simply plants it without taking measures for its care and management, dries it up. the lack of a management-monitoring model in the building pre-sale process has been a serious issue in the pre seller-pre buyer relationship which has created many problems. Therefore, the question is how to achieve a legal mechanism for efficient management of the pre-sale process. To answer this question, this article, based on the method of desk research and referring to documents in collecting information, along with descriptive-analytical researching method, first of all, considered the issue of Payment supervision and arbitration in disputes as the most challenging issues in buyer-seller relations. And in the framework of the study of the role of the notary in the pre-sale process in foreign law and the opinions of experts in the field of the capacities of the notary system, has presented a model to answer this question based on the rationale of the agency issue in economics and using the theory of contracting project management centered on the role of the notary.