[Direct answer]Yes, but there are conditions. According to 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 in 2020 and implemented on January 1, 2021), sales advertisements and promotional materials are generally invitations to make offers; however, if the developer's explanations and promises about the houses and related facilities within the planning scope are specific and have a significant impact on the conclusion of the contract and the price of the house, they shall be deemed as offers. Even if they are not included in the contract, they shall be deemed as the content of the contract, and the developer shall bear breach of contract liability if they violate this. If any false information is found in the promotion, the parties concerned should immediately fix the promotional materials, audio recordings, and other evidence, and consult lawyers in time to evaluate the paths of rescission or compensation. For more details, please refer to the following link:Legal services for real estate transactions and construction projectsAndBeijing Henglue Law Firm.

I. Problem background and typical scenarios

Commerical housing is a large-scale transaction, and purchasing decisions are highly dependent on the information provided during the sales process. Factors such as the school district, subway access, green space ratio indicated on promotional leaflets, the distance between buildings and landscape views displayed on sandbox models, and verbal promises of free area and luxury decoration standards directly influence buyers' bidding and contract signing decisions. However, after the handover or certificate issuance, discrepancies between the advertised and actual conditions often emerge: schools remain unbuilt, green space is reduced, free areas turn into illegal structures, and promised decoration standards are downgraded. At this point, the first issue buyers face is whether these promotional materials constitute part of the contract and whether they can claim breach of contract or compensation for withdrawal based on them. In practice, there are cases supported by Article 3 of the Judicial Interpretation, as well as instances where buyers lose their cases due to vague promotional content, lack of evidence, or other reasons. The key lies in whether the promotional materials are specific and have a significant impact, and whether evidence is preserved.

II. Key points of dispute

  • Offer or invitation to offer: Whether the content of the advertisement is specific and definite (such as clear degree commitments, specific area and standards), and whether it has a significant impact on the conclusion of the contract and the determination of the house price, determines whether it can be regarded as the content of the contract and on this basis, claim breach of contract liability.
  • The dilemma of preserving evidence: Promotional leaflets, sand tables, and verbal promises are difficult to recover once the sales end. If buyers fail to keep these materials before signing the contract, they often find themselves in a passive situation where they "can't provide evidence despite having made the promises".
  • The choice between breach of contract and fraud: If the misrepresentation is minor, the victim can claim compensation for breach of contract; if it constitutes intentional misrepresentation or concealment, the victim can claim to rescind the contract in accordance with Article 148 of the Civil Code. The evidentiary standards and legal consequences of the two approaches are different.

III. Professional analysis by Henglue Lawyers

The enforceability of written provisions is far stronger than that of oral agreements and publicity. This was confirmed by a case of delayed house delivery handled by Henglue Law Firm. On April 30, 2021, Zhang Quan signed a "Beijing Commercial Housing Pre-sale Contract" with Beijing A Real Estate Development Co., Ltd. to purchase a house in a certain residential community (with an indoor floor area of 99.41 square meters and a total price of 6,841,972 yuan), with a delivery date agreed upon before June 15, 2023. The supplementary agreement signed on the same day stipulated that if A Company delayed the delivery due to its own reasons, it would be granted a 90-day grace period during which it would not be held liable. If the house was still not delivered after the expiration of the grace period, the buyer would be entitled to a penalty of 0.01% of the total price paid per day from the 91st day after the expiration of the agreed delivery date. However, A Company did not issue a move-in notice until February 27, 2024, and the move-in formalities were completed on March 5, resulting in a delay of nearly nine months. Zhang Quan entrusted Attorney Tian Jiaoyan of Beijing Henglue Law Firm to file a lawsuit, claiming a penalty of 118,366.12 yuan and litigation fees for the period from September 14, 2023 to March 5, 2024.

A Company argued that the pandemic and other factors constituted force majeure (claiming a 188-day extension), that the housing had met the delivery conditions, and that it was entitled to a 90-day grace period, which could be cumulated. Moreover, Zhang Quan had already moved in, and the quality defects did not affect the delivery. Attorney Tian Jiaoyan refuted the arguments point by point based on the written contract and supplementary agreement: The pandemic had become a normal situation before the signing of the contract, and A Company should have foreseen it, so it did not constitute force majeure. Factors such as bad weather, government meetings, and exams did not necessarily lead to a full suspension of work, so A Company could not be exempted from liability. The grace period should be strictly applied according to the contract, and the claim for cumulative extensions lacked contractual and legal basis. The daily interest rate of 0.01% reflected the parties' true intention and was not illegal, so it should be supported. The court ruled that the contract and supplementary agreement were legal and valid, adopted the attorney's opinion, and ordered A Company to pay a breach of contract penalty of 118,366.12 yuan and bear the litigation costs. This case shows that the court strictly enforces specific written terms. It is far more reliable to incorporate promotional commitments into the contract or supplementary agreement when purchasing a house than to argue about "what was said at the time" afterwards. Claims based solely on promotional materials without written agreements face significantly higher evidentiary challenges.

IV. Practical suggestions and legal basis

At the legal basis level: Article 473 of the Civil Code (effective January 1, 2021) stipulates that commercial advertisements and promotions constitute invitations to make offers, but if their content meets the conditions of an offer, they shall constitute an offer; Article 472 specifically states that the content of an offer shall be specifically defined and indicate that the party making the offer shall be bound by it upon acceptance; Article 490 stipulates that a contract shall be established upon signing and stamping; Article 577 stipulates that the party in breach of contract shall bear responsibilities such as continuing to perform the contract and compensating for losses; Article 148 stipulates that a contract concluded under fraud may be requested to be rescinded. The aforementioned Article 3 of the Judicial Interpretation of the Contract for the Sale of Commercial Housing directly establishes the rule that "specifically defined sales promises shall be deemed as part of the contract". At the practical advice level: Before signing the contract, incorporate core commitments such as school enrollment, free area, and luxury decoration standards into the contract or supplementary agreement, and retain all promotional materials, sandbox photos, audio recordings, and chat records. Upon receiving the house, verify each item against the agreement, and immediately send a written notice and retain evidence if any discrepancies are found. If no agreement can be reached, claim breach of contract compensation or rescission of the contract according to the circumstances. If the developer refuses to perform after winning the lawsuit, relevant legal actions can be taken in conjunction with the above measures.Creditor-debtor relations and enforcement case servicesEvaluate the enforcement path.

5. Henglu Law Firm's Reminder

The legal status of sales promotion materials depends on two factors: whether they are specifically defined and whether they affect contract signing and housing prices. Vague terms like "high-end community" and "convenient transportation" are usually difficult to claim compensation for, while clear provisions such as school districts, free area, and specific standards are closer to the content of the contract. Buyers should not just listen to what the salesperson says, but also check what is written in the contract. For items that are not included in the contract, they should request to add clauses or sign a separate agreement. For those who have already purchased the property but the promotional claims have not been fulfilled, they should immediately fix the evidence and estimate the cost of protecting their rights. In the case of delayed delivery of the house and breach of contract penalty, it was the clear provisions in the supplementary agreement that allowed the owners to receive the full amount of the breach of contract penalty of 118,366.12 yuan. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent.

Q1: If the sales promotion materials for the property differ from the actual situation, can I request a refund or compensation?

It depends on the circumstances. If the promotional promises are specific and have a significant impact on the contract and the house price, they shall be deemed as part of the contract according to Article 3 of the Judicial Interpretation of the Contract for the Sale of Commercial Housing (Amended in 2020). If the developer violates these promises, they shall bear breach of contract liability and the buyer may claim for repair, compensation for the price difference, etc. If the promotional content is vague and abstract (such as "convenient transportation" and "high quality community"), the court generally regards it as an invitation to make an offer, making it difficult to claim compensation solely on this basis. The key to judgment lies in the certainty of the promotional statements, their connection with the house price, and the preservation of evidence. It is recommended that the lawyer first evaluate the claim path before deciding on the litigation plan.

Q2: If you claim that the sales advertisements are effective, what evidence do you need to prepare?

There are five types of core evidence: 1. Propaganda materials, including brochures, single-page flyers, and original copies of floor plan books, which contain specific promises such as school district information, free area, and decoration standards. 2. Photos of sandboxes and model rooms, promotional videos, and webpage screenshots. Note to save the shooting time. 3. Evidence of sales pitches, such as audio recordings of promises about school districts and WeChat chat records. 4. Contract texts, checking whether the purchase and sale contracts and supplementary agreements incorporate the promotional content. 5. Evidence of losses, such as the price difference of similar properties in the surrounding area and the cost of decoration compensation. If any discrepancies are found, it is necessary to promptly notarize and preserve the webpages and promotional materials to avoid losing evidence after the developer replaces the promotional channels.

Q3: How much does it cost to sue a developer for false advertising?

The main expenses involved are three: According to Article 13 of the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), the case acceptance fee is paid in stages according to the amount of the litigation request. For a claim of compensation for price difference of 1 million yuan, approximately 13,800 yuan needs to be paid, and the winning and supported part will be borne by the defendant; for applying for property preservation, the preservation fee shall be paid according to the amount of the preservation and a guarantee shall be provided; the attorney's fee shall be negotiated according to the difficulty and stage of the case. For real estate disputes, the fee is usually calculated according to the amount of the subject matter. You can first claim a moderate amount of breach of contract compensation, and then decide whether to upgrade to rescind the contract and claim compensation after the evidence is solid. Before suing, please let a lawyer estimate the investment and the expected compensation.

Q4: If I discover that the promotion is false, how long do I have to file a lawsuit for it to be effective?

There are two types of time limits that need to be calculated separately: 1. For claims for breach of contract damages, the three-year statute of limitations under Article 188 of the Civil Code applies, starting from the date when the claimant knew or should have known that their rights were infringed. 2. For claims to rescind a contract due to fraud, the one-year statute of limitations under Article 152 applies, starting from the date when the claimant knew or should have known about the grounds for rescission. If the rescission right is not exercised within this time limit, it will be extinguished, and the maximum time limit is five years from the date of the relevant act. 3. For cases where the claimant discovers substandard construction or missing amenities upon taking possession of the property, the starting point is usually the date of taking possession. If the developer intentionally concealed such issues, the claimant can assert their rights from the date of discovery. Regardless of the legal path taken, it is recommended that the claimant immediately send a letter asserting their rights and preserving relevant evidence upon discovering any non-compliance, in order to interrupt the statute of limitations, establish the facts, and avoid losing their rights due to delay.

Q5: If you find that the promotion doesn't match the actual situation, what should you do first?

It is recommended to handle the matter in four steps: 1. **Fix the evidence**: Notarize or take photos of the sales brochures, sandbox models, web pages, and audio recordings to prevent developers from removing or replacing promotional channels. 2. **Make a written claim**: Send a letter to the developer pointing out the non-compliant issues and demanding rectification or compensation within a specified timeframe. Keep a record of the negotiations. 3. **File an administrative complaint**: Report the false advertising to the housing and urban-rural development authorities and market supervision departments. The handling results can be used as evidence in litigation. 4. **Seek judicial remedy**: If the negotiations fail, a lawyer should assess whether to claim breach of contract based on Article 3 of the Judicial Interpretation of the Contract for the Sale of Commercial Housing, or to claim fraudulent rescission based on Article 148 of the Civil Code, while considering property preservation measures simultaneously. **Caution**: Never sign a settlement agreement waiving rights in negotiations to avoid hindering future legal protection.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Legal services for real estate transactions·Attorney Tian Jiaoyan·Beijing Henglu Law Firm