How can buyers protect their rights if the house does not match the advertisement?

After the owner receives the house, it does not match the sales advertisement promoted by the developer. Which ones are legally binding and which ones cannot be used as conditions for prosecution. The current discrepancy between property sales advertisements and actual commercial housing is one of the more prominent problems in the current commercial housing sales market. Let’s talk again in this issue about how home buyers can protect their rights if commercial housing does not match the developer’s advertising.

"The greening rate of our community is not enough, the supporting primary school has not been built, and the promised public activity space is gone..." After the house was handed over, various problems came one after another. The developer's initial promise, the sales The promotion in the building advertisement has turned out to be empty talk, so what should the home buyers do?

A lawyer from Beijing Longan (Jinan) Law Firm Real Estate Center’s Baijinyin Analysis: Regarding property sales advertisements, Article 3 of the Supreme People’s Court’s “Interpretation on Several Issues Concerning the Applicable Law in the Trial of Commercial Housing Sales Contract Disputes” stipulates: “The sales advertisements and promotional materials for commercial housing are invitations to offer, but the seller’s explanations and promises regarding the houses and related facilities within the scope of the commercial housing development plan are specific and have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price. , should be regarded as an offer. Even if the description and promise are not included in the commercial housing sales contract, they should be regarded as the contents of the contract. If the parties violate it, they shall bear liability for breach of contract. ”

According to this provision, the developer shall be responsible for the commercial housing. Sales advertisements and promotional materials generally belong to the legal concept of invitation to offer, but the developer’s specific determination of the houses and related facilities within the scope of the commercial housing development plan has a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price. The description and promise belong to the legal concept of offer. Even if there is no commercial housing sales contract, the description and promise shall be regarded as the content of the contract. If the developer violates it, he shall bear liability for breach of contract.

It can be seen that for advertisements that are inconsistent with the actual situation of commercial housing, home buyers should treat them differently and adopt different strategies: On the one hand, developers are not restricted by general descriptions. That is, if the developer's advertisement for the property it develops is a general description, and the content of the description is relatively abstract and does not directly affect the conclusion of the sales contract, or the advertisement does not include factors for determining the price, etc., as long as the description The content of the advertisement cannot be binding on the developer unless it is determined by both parties as part of the contract.

On the other hand, if the sales advertisement made by the developer is specific and clear, such as indicating the ancillary facilities in the community, the structure and orientation of the building, etc. Since this description directly affects the conclusion of the contract and the price of the real estate, such advertisements have legal effect once they are published, regardless of whether the two parties agree to make the advertisement an integral part of the real estate sales contract. As long as the buyer and seller establish a sales relationship with respect to the real estate involved in the advertisement, the developer will be bound by the content of the advertisement. Once the actual situation is inconsistent with the content of the advertisement, the developer shall bear liability for breach of contract in accordance with the law.

In addition to requiring the developer to bear liability for breach of contract, home buyers can also require the developer to bear liability for damages in accordance with the Advertising Law, the Consumer Rights Protection Law and other laws and regulations to safeguard their own rights and interests. Legitimate interests. It should be noted that although there are protections under relevant regulations, in order to reduce unnecessary troubles, it is better for home buyers to require that the substantive content in the advertisement be implemented into the house sales contract and supplementary agreement signed by both parties, while retaining Sales advertising and other related promotional materials.

Thanks to Director Bai Jinyin of Beijing Longan (Jinan) Law Firm for his legal guidance.

Buy a house exposure platform, talk about your troubles about buying a house, call 4008981600, Sohu Focus will help you protect your rights.

(The above answer was published on 2016-07-12, please refer to the actual current relevant home purchase policies)

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