[Direct answer]In the Beijing area, commercial advertisements are generally considered invitations to make offers, and their content does not necessarily become part of the contract. However, when the advertisements specifically state and promise certain details about commodities such as commercial housing and have a significant impact on the conclusion of the contract and the price, they are deemed to be part of the contract. According to Article 473 of the Civil Code of the People's Republic of China (effective January 1, 2021), commercial advertisements and promotions are generally invitations to make offers, and the content that meets the conditions of an offer is considered an offer. Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (amended on December 23, 2020) stipulates that if the seller's statements and promises about the houses and related facilities within the scope of the commercial housing development plan are specifically stated and have a significant impact on the conclusion of the contract and the price, they shall be deemed to be part of the contract. Action guidance: For large-scale transactions such as purchasing a house, the key promises made in the advertisements should be included in the contract. For more details, please refer to the following link:Legal services for corporate commercial and contract disputes.

I. Problem Background and Typical Scenarios

Whether advertisements can be translated into contractual obligations is a frequent dispute in large-scale consumption and corporate procurement. Typical scenarios include: real estate developers promoting "school district housing", "metro stations", and "free area", but delivering substandard products after the handover; equipment suppliers promising "lifetime maintenance" and "emission standards", but making excuses after delivery; and investment promotion brochures stating support policies and rental returns, but reneging on their commitments when it comes to fulfilling them. Consumers often believe that "once the advertisement is written, they have to accept it", while companies argue that "it's just for reference". For more information on relevant rules, please refer to the following link:Legal services for corporate commercial and contract disputes.

II. Key points of contention

The controversy focuses on three points. Firstly, the distinction between an offer and an invitation to treat: if the advertisement content is specific and indicates the intention to be bound, it can constitute an offer; general promotions are usually just invitations to treat. Secondly, special rules for commercial housing, etc.: the judicial interpretation directly stipulates that advertisement descriptions with "specific and significant influence" constitute contractual content, with lower thresholds than general contracts. Thirdly, the distinction between administrative promises and civil promises: the support policies in government investment promotion belong to public law promises, which do not necessarily give rise to civil contractual obligations and need to be claimed through administrative litigation and other means. In related cases in Beijing, the court attaches great importance to the specific content and impact of the advertisement.

III. Professional analysis by Hengluo Lawyers

A land lease dispute handled by Attorney Xi Chao Li revealed the crucial role of the "nature of the promise" in determining the legal nature of the case. The People's Government of Qianjin Town, A County sued Shuguang Metal Products Factory, demanding the repayment of 153,000 yuan in land rent and interest, and claiming that the investor Liu ** should bear joint and several liability. The two defendants entrusted Attorney Xi Chao Li from Beijing Henglu Law Firm to defend against the lawsuit. The attorney argued that the agreement between the two parties was an administrative agreement signed by the government to attract investment and develop the local economy, which included administrative promises and preferential policies such as land occupation fee exemptions and settlement support, and thus fell within the exclusive jurisdiction of administrative litigation rather than civil litigation. Moreover, the plaintiff's claim for debt had already exceeded the statute of limitations and failed to provide sufficient evidence. After trial, the court ruled that the plaintiff failed to provide sufficient evidence of the unpaid rent and dismissed all its claims. This case shows that although both are called "promises", the legal nature and remedial path of administrative investment promotion incentives and civil contract advertisements are completely different. A wrong legal definition will directly lead to a loss in the case. This case was handled by Beijing Henglu Law Firm.Zhi Chao LiThe attorney (practice certificate number: 11101202311629788, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 473 (Commercial Advertisements as Invitations to Make Offers), Article 142 (Interpretation of Expressions of Intent), and Article 500 (Fault in Contract Negotiation) of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 3 (Commercial Advertisements as Part of the Contract) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts (amended on December 23, 2020); and the provisions on the scope of administrative agreements in the "Regulations of the Supreme People's Court on Several Issues Concerning the Trials of Administrative Agreement Cases" (effective January 1, 2020). Action list: 1. For large-scale transactions, incorporate key advertising promises into contracts or supplementary agreements; 2. Retain advertising pages, brochures, and audio recordings of sales promises as evidence; 3. Distinguish between civil promises and administrative promises and choose the appropriate remedial path; 4. Cautiously assess the legal effect of statements such as "for reference only"; 5. Promptly fix evidence comparing promotional materials with actual performance after disputes arise. For more details, please refer to the following link: [https://www.sina.com.cn/c/article_3155143123_1478586032.html](https://www.sina.com.cn/c/article_3155143123_1478586032.html)Legal services for corporate commercial and contract disputes.

5. Hengluo Law Firm's Advice

The biggest pitfall of advertisements is the "big talk and empty contract". General promises like "high quality" and "excellent service" are hard to be regarded as specific commitments; while specific and price-influencing statements such as "give away 10 square meters" and "promise school district" may be included in the contract by the court. It is recommended to take screenshots and archive them before the transaction, and to put the core selling points into written terms. When handling similar matters in the Beijing area, you can consult the Beijing City Lawyers Association for legal advice.Beijing Henglu Law FirmUnder the assistance of professional lawyers, we can assess the effectiveness of the promise, and design paths for evidence collection and rights protection.

VI. Frequently Asked Questions

Q1: What if the merchant's advertisement is not reliable? Can I sue them and win the case?

It depends on whether the advertisement is specific and has a significant impact on the contracting parties. General promotions are considered invitations to make offers and cannot directly bind merchants; but in fields such as commercial housing, specific descriptions and promises can be legally regarded as part of the contract. If the goods delivered do not match the advertised specifications, the buyer can claim breach of contract. The outcome of individual cases depends on the evidence and the court's determination. Lawyers cannot guarantee victory on their own. The key lies in preserving the original appearance of the promotion and evidence that affects pricing.

Q2: What evidence should be prepared for disputes over advertising promises?

The core evidence includes: advertising pages, brochures, posters, and screenshots of the release time; chat records and audio recordings of the salesperson's promises; contract and supplementary agreement texts; comparison materials between actual delivery and promotional content; and evidence showing that the pricing was influenced by the promises. The key point is to prove that the content of the promises is specific and definite, has a significant impact on the conclusion of the contract or the price, and forms a complete chain of "promotion - contract conclusion - breach of contract".

Q3: How much does it cost to hire a lawyer to handle such disputes?

The attorney's fees are determined by the law firm based on the amount of the dispute and the workload of evidence, with no unified government pricing; the litigation fees are paid according to the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the base, and the fees are halved in mediation or summary proceedings. For cases involving administrative promises, administrative litigation is required, with different fee rules. It is recommended to calculate the subject matter and the cost of protecting rights before entrusting a lawyer.

Q4: How long does it usually take to resolve disputes over advertising promises?

The first-instance summary procedure for civil contract disputes lasts three months, and the ordinary procedure lasts six months; the first-instance summary procedure for administrative litigation lasts six months. Mediation with clear facts and sufficient evidence is faster. If it is necessary to appraise the impact of publicity or involves multiple parties, the period will be correspondingly extended. Overall, it takes from several months to more than a year, depending on the completeness of the evidence and the choice of litigation path.

Q5: If the advertising promises are not included in the contract, how can we remedy the situation?

Firstly, immediately archive the screenshots and recordings of the advertisement pages and sales pitches to prevent them from being modified or deleted. Secondly, require the other party to confirm the content of the promise in writing to formalize their commitment. Thirdly, claim the rules that have been specifically determined and have a significant impact as part of the contract or a breach of contract. Fourthly, if no agreement can be reached through negotiation, promptly file a lawsuit or lodge a complaint. The core of remedial measures is evidence, and the earlier it is fixed, the more beneficial it will be.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Corporate commercial legal services·Attorney Zhai Chao Li·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.