Research On The Legal Effect Of Pre-sale Advertising

With the fast develepment of the economy and the increasing demand of housing,the real estate transactions has become one of the trading hotport.According to the statistic,there are more than ninty percent of the real estate is carried out through advertising in real estate transaction,which indicates the importance of pre-sale advertising.In practice,there are still many questions of pre-sale advertising and disputes arising from the real estate sale advertising.Considering the lag of existing legislation about the pre-sale advertising 、 the different kinds of disputes arising from pre-sale advertising、the protection of buyers’ s interests and the regulation of the real estate market,the author thinks that the study of the legal effect on the pre-sale advertising and proposing some feasible and effective suggestions of regulating the pre-sale advertising are very important either in theory or in practice.This paper contains the introduction,body and conclusion,of which body part is divided into four parts.The first part describes the general theory of pre-sale advertising.The author reviews the concepts,comon stypes and features of pre-sale advertising,then analyzes the relationship between pre-sale advertising,advertising,real eatate advertising and sales of commercial advertising.The second part is the analysis of the legal nature and legal effect of pre-sale advertising.On the basis of summarizing and analyzing the exsiting laws,regulations and the existing research results,the author analyzes the legal naturet of advertising including offer invitation,offer or cuntract terms and their legal effect.The third part analyzes the liability of pre-sale advertising.The author conbines the analysis of the legal nature of pre-sale advertising in the second part,the existing laws and regulations,analyzes the different legal responsibility including culpa,breach of contract and punitive damages of different pre-sale advertising and the way to undertake them.The last part introduces the status of the legal effect of pre-sale advertising system and proposes some suggestions to improve it.The author firstly points out the deficiencies of the existing laws and regulations of pre-sale advertising on the basis of analyzing the revelant provisions of China’s existing laws and regulations;secondly,summarizing the main problems of pre-sale advertising in practice and the main reasons are the laws and regulations in this respect are lagging,the legal nature,legal effect and legal responsibility of pre-sale advertisingare not clear and so on;lastly,putting forward some suggestions to improve the problems above,such as improving the lagislation of pre-sale advertising,making sure the legal nature,legal effect and legal responsibility of pre-sale advertising and improving other supporting facilities.