Study On The Legal Nature Of Commercial Housing Sales Advertisements

Commercial housing sales advertising is one of the important means for commercial housing developers to promote housing sales.This kind of advertising will have a great impact on the decision of whether to buy and which floor to buy.However,in practice,there are many inconsistencies between these exaggerated and attractive advertisements and the houses actually delivered,so that it is difficult for buyers to get effective legal remedy for their huge economic losses.In 2003,the supreme people's court promulgated the "interpretation of disputes over sales of housing contracts",which stipulates in article 3 of the interpretation that the content of advertisements shall meet the three conditions of "clear and specific","houses and related facilities within the scope of government planning" and "significant influence on the smooth signing of contracts and the determination of prices".Although this interpretation seems to be quite specific to the provision of the offer elements,but for the commercial housing sales advertising and the nature of the promise of the identification,in practice,there are many difficulties,resulting in the judge in the discretion can not be applied to the clause.This article has carried on the discussion and the analysis to this question,the first chapter introduced the commodity house sale advertisement's general theory,elaborated the commodity house sale advertisement's concept and the characteristic emphatically,and has carried on the discrimination analysis to the commodity house sale advertisement and the real estate advertisement,the commodity house pre-sale advertisement's concept.The second chapter analyses the "explanation" in article 3 of the instructions and promise to constitute an offer of commercial housing sales advertising must have the conditions and standards,which need advertising content at the same time meet the "clear and specific" within the scope of "government planning housing and related facilities" "smooth signing of the contract and price determination have major impact on three conditions,can be regarded as an offer.The third chapter analyses the judges in the judicial difficulties in the application of article 3 of the"explanation",mainly includes the "big" and "specific" on the expression ofvagueness,the cognizance of "facilities" and "property management method" conflict,about outside the scope of "planning" to describe and must be combined with"impact" of the strict rules and other issues.The fourth chapter is focused on advertising of commercial housing sales and promised that the rules of law attribute advice,in view of the specific provisions of the civil code article 281 of the remaining waste controversial discussion,put forward the specific provisions of civil code general rules or regulations,directly in the judicial interpretation to do detailed regulations,the civil code and judicial interpretation in the complementary rules three Suggestions,in order to solve the judicial practice of commercial housing sales account accurate qualitative and promised.