Legal Research Of Commodity House Sales Advertising

Advertising is an important means which is often used in realestate sales, and the order in the sales of commercial property marketis close to the vital interests of many people. But now problems offalse advertising in the sales of commercial advertising haveseriously affected the normal operation of the sale of commercialproperty market. What’s more，these problems cause the contradictionbetween developers and consumers more deeper. We must take advantageof the legal means urgently to intervene and resolve these issues.This paper attempts to study the law system of the commodity housesales advertising in order to make every effort to clarify the natureof the advertising sales of commercial property and analyze theremedies when buyers encounter false advertisement problems underthe existing legal framework. On this basis, the paper points outthe current problems of sales advertising,and research the ways tosolve and improve them. This paper is divided into the following foursections: The first part, the nature of the commodity house salesadvertising in the view of contract law. Commodity house salesadvertising is same with general business advertising, both of themcan be divided into an offer or an invitation to treat in the natureof law. Based on the different legal effect, how to identify thenature of commodity house sales advertisements is the key todetermine the liability of developers. Although the concept of anoffer and an invitation to treat is clear in the law, it’s difficultto distinguish them in practice. Combined with the practice, thispart has differentiated the nature of the commodity house salesadvertising in theory.The second part, the analysis and comment on article3of “theexplanation of some issues on the trial of business contract disputecase applicable law”. The article3of judicial explanation ondispute of commodity house sale stipulates that the advertising whichis not written in the contract can also be a part of contract, whichformally brings commodity house sales advertising with the natureof invitation to offer into offer’s binding effect. This regulationis great to protect vulnerable buyers and limit the false advertising behavior of developers. However, the law has a strong limitationthat advertising not written into the contract can be a part of itand be treated as offer. As a result it is hard to protect the rightsof the buyers according to this provision.The third part, remedies of buyers when they encounter theproblems of false advertisement. At present, commodity house salesmarket is full of false advertising, which leads to a hugedissatisfaction of consumers. The contradiction between theconsumers and developers is getting worse. Under the existing legalframework, the remedies of buyers include requiring developers tobear the liability for breach of contract and the contractingnegligence. Whether we can ask for a fraud punitive damages or notwhen the developers of malicious breach the contract is stillcontroversial, and the author also discusses the position of it inthis part.The fourth part，the problems of legal regulation of commodityhouse sales advertising in our country and the improving suggestion.These problems consist of the backward legislation、the conflict oflegal content、the implement of civil liability、the absence of supervision on legal review and so on. In order to solve theseproblems, we must revise laws and regulations related to sales ofcommercial advertising as soon as possible and improve civil reliefsystem. At the same time, relevant departments shall strengthen thelegal supervision and regulate the behavior of the real estateadvertising industry, aiming to protect the rights and interests ofbuyers better.