| Since the housing reform in China the price of commercial residential building continuously rises, thus consumers have increasingly heavy burden, and the price fraud of commercial residential building sale makes things worse. The price fraud of commercial residential building sale means during the commercial residential building sale process the developer or the vendor conceal the truth or provide false information to induce buyers to be cheated on price, to seek illicit interests. Commercial residential building is the bulk goods to the consumers and the price fraud is relatively common, so the research has practical significance.The price fraud of commercial residential building sale has various performances and this paper mainly discusses the following aspects:The sales process is not clearly marked or marking a fraudulent price; Disguising the commercial residential building prices; Speculating on the commercial residential building price; The false statement on the quality and the area of the house; The false propaganda of the commercial residential building price in the advertisement; Intermediary organizations manipulate the commercial residential building,etc.These actions infringe consumers the following rights:Fair trade rights, free choice rights, obtaining the information rights, and so on. Coming from the analysis of civil law, violations of these rights will result in the generation of the corresponding civil liability.The price fraud of commercial residential building sale causes different kinds of civil liabilities under different circumstances. The situation can be listed as follows: First, if the content of the contract doesn't conform to the real situation because of fraud, the developer or the vendor is to take liability of breach of contract. Second, if the real estate sale contract is valid, but it causes the consumer's damage for the fraud, the developer or the vendor is to take tort liability. Third, if the commercial residential building sale contract is invalid or revoked due to fraud, the developer or vendor is to take liability of culpa in contrahendo and tort liability. Fourth, if the commercial residential building buyers and sellers have not entered into the contract, there is no civil liability.Commercial residential building seller's tort liability and liability of culpa in contrahendo have similarities on the constituent elements of liability. The difference is that the general tort liability is the breach of statutory obligations (Unlawfulness harm), and liability of culpa in contrahendo is the breach of the pre-contract obligations (one party should bear the pre-contract obligations due to the breach of the principle of good faith.), The other parts are the same. Therefore, this paper discusses the constituent elements together. The specific elements are:Ⅰ.Commercial residential building seller's conduct of price fraud, which breach contractual obligations or legal obligations.Ⅱ. The buyer's loss caused by the seller's fraud.Ⅲ. The relationship between the loss of the consumers and the fraud of the commercial residential building sellers.Ⅳ. The commercial residential building seller's subjective fault on the price fraud.Compensating for the loss and returning the property are the main form to bear the civil liability of fraud. The consumers can also require a special commitment to double the return of property based on the "Consumer Rights Protection Law".In addition to civil liability, the fraud of commercial residential building sale can also cause criminal or administrative liability and mainly administrative liability. Civil law is to compensate consumers for the loss as the main means and administrative law is to punish the fraud as the main means. The two laws are different, and each has its advantages and disadvantages. We should complement the two kinds of laws, so as to better fight against the commercial residential building sale fraud, maintain a good market order and safeguard the legitimate rights of consumers. |
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