Pre-sale Of Commercial Housing Advertising Into The Legal Regulation Of Contract

Since recent years, under the background of the continuous development of the national economy, with the continuous improvement and deepening of the national housing system, China’s real estate market is making strides to move forward with. Until today, "the real estate industry" has become a pillar of our national economy. Between commercial real estate developers with those who pre-order the information known to the extreme imbalance, "pre-sale advertising" can almost be said to be the only way to pre-order sales of commercial real estate during those details have not yet been fully understood "physical state" pre-sale of real estate. Sale of advertising as a link coupling "real estate developers" and "real estate pre-order those" in between the gradual emergence into public view, been known to the public. It is undeniable that pre-sale advertising is crucial to decide whether to buy real estate futures is an important part of the real estate marketing.However, the "pre-sale advertising," the industry has started late, so compared with the real estate industry has become increasingly perfect, not with the development of the real estate industry synchronization is also understandable. "Short time", "fast", "lack of experience" and many other issues in the real estate sale advertising presence, gradually led to the emergence of many problems. In order to stabilize sale of real estate market and safeguard the vital interests of those real estate futures, "pre-sale advertising content whether it should be included in the contract for the sale of real estate," "what should be included," has become an important issue. Although article 3 of the <Interpretation of the Supreme People’s Court on the law applicable to a number of commercial housing sale contract dispute cases >extend the concept of "offer" to the category of pre-sale advertising, but in real life, real estate developers, and even real estate ads publishers often deliberately to circumvent the law, These behavior to the commercial housing market has brought a certain degree of negative impact. "Pre-sale advertising" in what may be included in the "sale of housing", directly related to the rights and obligations of commercial real estate developers and real estate between futures trading process is directly related to the sale of real estate buyers and sellers during the distribution of interests between the parties, is directly related to the real estate market behavior norms, and therefore is a key issue identified need.First, at present, China for the "pre-sale advertising," the concept is still a lack of a unified point of view, so the definition of the concept is a major difficulty; Secondly, the real estate sale ad on the legal nature generally as "offer", "invitation to offer", "reward advertising", "directly into the contract clause" of the points, how to identify the nature of the pre-sale advertising has become the developer responsible for determining whether or not the key. Although the "offer" and "invitation to offer" legal concepts more clear in theory, but in practice as it is not easy to be a clear distinction. Therefore, identification of the nature of real estate sale advertising is a difficulty. In addition, according to China’s existing laws and regulations is not difficult to see that the majority for "advertising" is not clearly defined, real estate sale ad in the range of "advertisement" of how to define, and whether the behavior of the real estate sale in propaganda identified as "advertising" is not to be provided. Finally, in view of the legal relationship between the pre-sale advertising involves relatively complex, but the lack of judicial practice uniform standards to resolve such cases, so from what law is also a big difficulty.The author intends to use the theory of civil law, by the < Interpretation of the Supreme People’s Court on the law applicable to a number of commercial housing sale contract dispute cases > of article 3, from the basic connotation and the general principles of housing pre-sale advertising, through the deep study on the housing pre-sale advertising, combined with the difficult problems that exist in the judicial practice, discussion on the basis of pre-sale advertising concept, characteristics, nature, and other basic questions on the form, compare draw legislative status quo as well as domestic and foreign real estate sale advertising problems, explore suitable for our pre-sale advertising further healthy development of the legal system, defined in order to pre-sale advertising be included in the contract helpful.This paper is divided into three parts:The first chapter is an overview of the pre-sale advertising, mainly from “pre-sale advertising connotation” and "pre-sale advertising nature review" in two ways. Author intends to "pre-sale advertising" is defined as summarized below: that suitably qualified real estate development companies, real estate owners and real estate agency by paying a fee, at the same time through a variety of media released to the situation on the real estate sale related presentations for the purpose of commercial advertising. The author with "offer", "the solicitation of an offer", "the ad says reward", "directly into the contract terms to say" four kinds of theory as the foundation, combined with judicial situation, gives the author’s point of view.The second chapter mainly regarding to our country draw lessons from the related outside commodity house opens to booking an advertising to introduce the basic law. I selected the United States, France, the International Advertising Association, the International Chamber of Commerce, Taiwan and other countries and regions in five pre-sale advertising-related legal regulations, on this basis, for our country to draw lessons from and study, do the bedding for questions of below.The third chapter mainly aimed at the article 3 of < Interpretation of the Supreme People’s Court on the law applicable to a number of commercial housing sale contract dispute cases> to define the scope of which could be incorporated into the contract of advertising. This chapter is the core content of the article. At first, the author from the interpretation of Article III of the four elements, namely "within the scope of the development plan," "housing and related facilities", "description and promise specifically determined," "significant impact" departure, were to be in-depth analysis, and finally draw the appropriate conclusions. Secondly, the author also reference some local laws and regulations, the “other pre-sale advertising should be included in the content” are expounded.