Legal Effect And Civil Liability Of Commercial Housing Sales Advertisement

The most common way for businesses to promote their products is to put in commercial advertisements.Commercial housing developers also carry out social publicity on commercial housing through sales advertisements,so as to attract more buyers to buy houses.However,in terms of the current social situation in China,most developers' advertising content is too pompous and divorced from the actual situation of the house.The most effective way to restrain and restrain the false advertisement and false propaganda of developers is to endow the sale advertisement with the nature of "offer".In Chinese laws and regulations,Article 3 of the <Interpretation of the Supreme People's Court on Several Issues concerning the application of laws in the trial of disputes over commercial housing sales contracts> is the most pertinent to the nature of commercial housing sales advertisements.However,due to the general recognition standard and harsh application premise,the application of this article in social practice is not ideal.In order to solve the above problems,this paper,based on the existing research results,compares and analyzes two typical cases in China,and puts forward its own views on the recognition of the "offer nature" of advertisements:(1)expanding the explanation of "development planning scope";(2)determining whether "specific determination" is based on the common sense of life and transaction of ordinary house buyers;(3)determining whether "significant" is based on the reverse inference method Impact ".In order to better define the civil liability of developers,it is necessary to clarify the nature of commercial housing sales advertisements.This paper holds that the developer who violates the advertisement of "offer" nature shall bear the liability for breach of contract;the developer who violates the advertisement of "offer invitation" nature(even if the contract is valid)or violates the advertisement of "offer" nature shall bear the liability for contracting fault if it meets the applicable conditions of contracting fault liability after the contract is cancelled,declared invalid or terminated;for the developer who constitutes fraud,this paper holds that Article 55 of the <Consumer Protection Law >should be applied to require developers to bear punitive liability.