On Legal Regulation Of Sales Of Commercial Property Advertising

The article starts with two cases, describes the current status of our country's commodity apartment sale advertisement, proposes that the problems of commodity apartment sale advertisement in our country mainly lies in the definition of its nature and the responsibility caused by fraudulent commodity apartment sale advertisement. The first part defines the commodity apartment sale advertisement from the aspect of present laws and regulations, categorizes it and analyses the characteristics and problems existed in these advertisements. Then the article brings forward the necessity to regulate these advertisements.The second part sets forth the meaning of offer and invite to offer, and how to distinguish them, then it analyses the nature of commodity apartment sale advertisement: commonly it is an invite to offer; but in peculiar circumstances, it is an offer when conforming to the structure of an offer; it also can be a formal clause when admitted by the two parties.The third part explains the concept of fraud and the prescriptions about fraud in common law and civil law countries, then it concludes that the fraudulent commodity apartment sale advertisement has in common with the structure of common fraud. Subsequently, it defines fraudulent apartment sale advertisement from three parts: the subjective potion, the objective potion and the connection between cause and result, and depicts that the reason why such advertisements appear frequently can be the loss of good faith consciousness of apartment developing company; the vacancy of supervision from government.The fourth part narrates two kinds of responsibilities the developers have to undertake: the default responsibility is the way to guarantee a healthy, developing real estate market; the responsibility of contractual negligence is another way to solve the problem of breaking faith existed in the fraudulent apartment sale advertisement, and it is also an effective way to establish a healthy transaction order.The fifth part begins with the concept of punitive compensation and itsapplication in foreign countries. Then it analyzes the necessity to apply punitive compensation to fraudulent commodity apartment sellers from the aspect of asymmetry of economic status between consumers and developers, and economical benefit of different responsibilities. And it sets forth several important questions when applying punitive compensation: conform strictly to the composing parts of fraudulent act; control the application of punitive compensation; the consumers can choose default responsibility, contractual negligence responsibility or punitive compensation to compensate them when these relief means overlapped.In the sixth part, this article puts forward opinions to resolve problems of commodity apartment sale advertisement from the aspect of legislation,executive and judicature. That is, to put the existing laws and regulations in good order; to explain laws more operationally; to apply in practice strictly.