Developer’s advertisements also have legal effect. Don’t throw advertisements away.

Real estate advertisements are often hung in large and conspicuous places in the city, becoming a part of the city scenery. There are not a few homeowners who are tempted to buy a house after seeing the advertisements. So, do these developers’ advertisements hanging outside and facing the public also have legal effect? Can enticing slogans on ads equate to promises from developers? You should know the answers to these questions to avoid damaging your own rights.

Should developers honor the content in property sales advertisements?

Sales advertisements and promotional materials are just a kind of publicity made by developers to attract people to buy houses. If the advertising content is not written into the contract, the developer will generally not be held liable even if the advertising does not materialize in the future.

Posters are usually promotional advertisements made by developers. Some posters can be defined as legal offer invitations and can have legal effect.

Property sales posters often reflect the appearance of the building, the overall layout of the community, price, location, room type, planning facilities, preferential conditions, investors and other information. According to the relevant judicial interpretations of the Supreme Law, if To legally ensure that the promotional poster itself has legal effect, the specific content of the promotional poster can be clearly written into the commercial housing sales contract or the content of the promotional poster can be used as an attachment to the housing sales contract, so as to restrict the developer's false propaganda and later breach of contract. Even if we do not agree on the promotional posters, we must keep them when we buy a house. If there is a dispute in the future about the layout, area, quality, community environment, etc. of the house, it may become the key evidence to win the lawsuit. If the developer writes very clearly and specifically on these materials, with certain contents, such as "how much money will be given for fine decoration", "how many square meters of green area", etc., these contents will have a significant impact on the price of the house and whether the buyer will buy the house. Impact, even if these contents are not written into the contract, the developer must honor them. Therefore, some important advertisements must be kept well, which can be used as evidence if there is a dispute in the future.

Reference legal article: Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes"

The necessary conditions for real estate developers to bear civil liability for false advertising are: What?

(1) The real estate developer published false advertisements. The home buyer must be able to prove that the content of the advertisement is false or partially false, and that such falsehood is subjective and intentional on the part of the real estate developer. This is the prerequisite for real estate developers to assume responsibility.

(2) Home buyers are deceived and misled. If a home buyer purchases a house because he relies on a (false) advertisement and has expectations of what the advertisement promises, he or she has been deceived and misled. If the home buyer knew or should have known that the advertising content was false before purchasing the home, or the home purchase behavior of the home buyer has nothing to do with the false advertising, it cannot be considered to have been deceived and misled.

(3) The legitimate rights and interests of home buyers have been violated. The legitimate rights and interests of home buyers are actually damaged, including property, money, and spiritual damage.

(4) There is a causal relationship between damage and false advertising. In other words, it is false advertising that deceives and misleads home buyers and causes damage to the rights and interests of home buyers. That is, there is a causal relationship between false advertising and the damage.

Reference article: Article 37 of the "Advertising Law"

(The above answer was published on 2015-10-20, please refer to the actual current relevant house purchase policies)

p>

For more real estate information, policy interpretations, and expert interpretations, click to view