On Civil Liability For False Real Estate Sales Ads

With the vigorous development of the national economy, the proper-ty development profession rises rapidly.That has aroused the entire socie-ty's widespread interest. The commodity premises sale advertisements are impelling and guiding consumers choices to a certain extent. In the dom-main of real estate, above 90% consumers buying houses acquire infor-mation from the sales advertisement. Therefore, both the developer and the business agents have manufactured a large amount of fine advertise-ments to attract consumer's attention. Owing to lack of the effective rules and regulations to the commodity premises sale advertisements, and the surpervisory mechanism was not perfect, the non-standard commodity premises sale advertisements are increasing at the same time. The false sales advertisements have become the chronic disease in the field of com-modity premises sale. The false sales advertisements have harmed consu-mer's benefit seriously, and the consumers' complaints are increasing fast-ly in recent years.This article analyzes the violation responsibility, liability of fault in negociating and the punitive compensation responsibility about the com-modity premises false sale advertisements. That divides three parts, the concrete structure is as follows:The first part elaborates the type and definition of commodity premises false sale advertisement. In the practice, the developer always makes false promises at these aspects: surroudings, position, function, benefit, management, etc. The commodity presmises false sale adver-tisement is that the developer pursuing the commercial profit invents or conceals important fact about the advertisements which makes the con-sumer misunderstand.The second part elaborates the civil liability styles of false sale advertisements, mainly the violation responsibility and liability of fault in negociating. According to The Supreme People's Court"Several Issues Concerning the Application of Law in Trial of Dispute Cases Involving Commodity Premises Sales and Purchase Contracts Interpretation"the 3rd article, Sales advertisements and publicity materials of commodity premises are invitations to offer. However, specific explanations and undertakings made by a Vendor regarding premises and related facilities within the scope of a commodity premise development plan that have a material impact on the conclusion of the commodity premises sales and purchase contract and determination of the price of the premises shall be deemed as offers. Such explanations and undertakings shall be deemed as particulars of the contract even if they are not included in the commodity premises sales and purchase contract, and any party in violation of them shall be liable for breach of contract. According to"contract law", the developer in commodity premises transaction who violates the honest credit principle, and lead to the consumer losses, must undertake liability of fault in negociating.The third part elaborates the punitive compensation responsibility of commodity premises false sale advertisement. It is reasonable and necessary that the punitive compensation can be applied in the field of contract. The commodity premises sales and perchase contract should apply to Law of the PRC on the Protection of the Rights and Interests of Consumers, when the false advertisement was recognized as fraud, the advertising operator shall bear liability for punitive compensation.The punitive compensation stipulation of The Supreme People's Court"Several Issues Concerning the Application of Law in Trial of Dispute Cases Involving Commodity Premises Sales and Purchase Contracts Interpretation"should include false advertisement of the commodity premises. It is important that defining fraud accurately. When deciding the amount of compensation, subjective and the objective factors should be considered. The developer shoule prove that is not intentioned to make false advertisements.