Research On The Legal Issues Of Commercial Housing Pre-sale Advertising

All along,in the commercial housing transaction,the litigation cases caused by the nature of pre-sale advertising account for a huge proportion in the commercial housing dispute cases.The pre-sale advertisement has a decisive influence on the decision-making of house buyers in the commercial housing transaction market.The continuous appearance of false and exaggerated pre-sale advertisement misleads the house buyers who are difficult to understand the real situation,and makes the house buyers bear a large or even huge loss of interests.The main factor causing this situation is that there is no consensus on pre-sale advertisement in China’s law The Supreme People’s court’s interpretation of several issues concerning the application of law in the trial of disputes over commercial housing sales contracts hereinafter referred to as the "judicial interpretation of housing" is the only law that makes clear provisions on the nature of pre-sale advertising offer.Its provisions are relatively specific and clear,but lack of practicality in practice.In terms of terms,some words are used Fuzziness and lack of preciseness lead to the fact that up to now,experts and scholars with different views have not reached much consensus on the legal nature of pre-sale advertisements.In judicial cases,judges often have different judgments on the same case in the trial of litigation cases of pre-sale advertising materials.The legal effect of pre-sale advertisement is different because of the different legal nature,so the legal liability for illegal developers is different.So,how to determine the legal nature of the publicity materials in the housing pre-sale advertisements? What are the loopholes in our law? In order to fundamentally solve this social problem,we must start from the root of the law,that is,the legal provisions,and find out the crux of the problem through the classification of typical cases and the detailed combing of laws and regulations,so as to accurately determine the legal nature of pre-sale advertising,so as to effectively control the deteriorating behavior of making wantonly exaggerated or even false commercial housing pre-sale advertising Containment,so that China’s real estate market healthy green sustainable development.In order to solve the above problems,this paper will find out the legal problems of pre-sale advertising through three typical cases,and deeply discuss the legal nature of pre-sale publicity materials and the applicable conditions of punitive damages,trying to put forward some solutions.There are four parts in the main body of this paper.The first part introduces the case of three typical cases and puts forward three legal issues that this paper will focus on: 1.The legal nature of pre-sale advertising;2.The existence of untrue advertising in pre-sale publicity materials,whether punitive damages are applicable and how to apply;3.How to improve China’s commercial housing pre-sale advertising.The second part analyzes the legal nature of pre-sale advertising in different situations on the basis of summarizing the related problems and the existing legal problems of pre-sale advertising,and explains its own views.In the third part,the author analyzes whether punitive damages should be applied when the developer deliberately publishes false advertisements to deceive the buyers in the pre-sale advertisements,and simply explains the basic concept of punitive damages and the responsibilities,as well as the advantages of applying consumer law to the pre-sale advertisements of commercial housing,and finally highlights the feasible suggestions.The fourth part,from the improvement of commercial housing pre-sale advertising related legislation,the improvement of related supporting system three aspects of the pre-sale advertising system put forward their own reasonable suggestions.