Study On The Developers' Cheating Behaviors And The Guard Measures In Commodity Apartment Business

In commodity apartment business, the civil litigations of the developers' cheatings behaviors which caused the buyer deceived presented continuously a trend of escalation in recent years. In order to pursued the illegal benefits some developers with deficient good faith adopted all sorts of methods to deceive the buyers , which caused the buyers' benefits suffered great loses. In the real estate market, the developers' cheating behavior is a malignant tumor, is a black hole which cant be seen clearing, the article carries on the exploration of the question about the developers' cheating behaviors and the ways to guard against it.The article is divided into five chapters the first chapter has analyzed the constitution and classification of the cheating behavior in the commodity apartment business. The content of this part doesn't carry on from the angle of the developers' cheating behavior, because the cheating behaviors of the developers ,the intermediary companies and the buyers have a certain general character ,Finally, analyze the reason that the developers' cheating behaviors should be supposed to double compensation in commodity apartment business .the latter four chapters have emphatically analyzed the developers' cheating behaviors from four aspects in view of the character and present situation of our national commodity apartment business ,The second chapter "deceit and guard of sale advertisement and the publicity material which the developers used." at first, the part has analyzed the legal nature of the sale advertisement and the publicity material, next summarizes the skills and methods which the developers uses the sale advertisement and publicity material to deceive, once more carries on the guard measures against the deceit .The third chapter, "the cheating behavior which the developers use signing the subscribes book to deceive and the measure to guard against it ", is divided into three sections .The first section "the subscribe book and the deposit of the commodity apartment", has analyzed the concept and the nature of the subscribe book and deposit, and the suitable condition of the penal regulations, the second section "the cheating manifestation which the developers use the deposit to deceive", enumerates and briefly analyzes eight kinds of cheating forms of the developers, the third section "the measure guard to against the developers' behaviors through the deposit", proposes the measure from five angles. The fourth chapter "the developers' cheating behaviors through the commodity apartment sale area and the measures to guard against", introduces the specialized question of the commodity apartment's built-up and sale area ,the analyzes the erroneous reason of the sale area and enumerates the cheating manifestation which the developers use sale area to deceive ,finally elaborates the way to deal with the erroneous area and the suitable double compensation of the 14th of the "the explanations of the commodity apartment business". The fifth chapter "the developers' deceit of one department selling to many buyers and the measure to against it", first analyzes the potency of the contract which connected closely with the "one apartment selling to many buyers" the manifestation of the developers "one apartment selling to many buyers" is not so complex , because of some fuzzy understanding of some contract potency recognitions, legal rule the judicial practice, it's necessary to analyze the contract potency of "one apartment selling to many buyers", latter two sections separately elaborate the measure to guard against it and the buyers' rights relief.