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New Advertising Law 2019 Regarding Real Estate

“It only takes XX minutes to drive from The reporter learned that the new "Advertising Law" will be officially implemented on September 1 this year, which clearly regulates the content of real estate advertisements. Industry insiders said that with the implementation of the new "Advertising Law", the rights and interests of home buyers will be effectively protected without the confusion and vague promises of advertisements, and disputes between home buyers and real estate companies will also be greatly reduced.

The new "Advertising Law" will be implemented on September 1st

Four items shall not appear

The reporter flipped through the new "Advertising Law" and found in Chapter 2 Advertisement As seen in the content guidelines, Article 26 stipulates: In real estate advertisements, housing information should be true, the area should be marked as building area or built-in area, and the following content should not be included: (1) Commitment of appreciation or return on investment ; (2) Representing the location of the project based on the time it takes for the project to reach a specific reference object; (3) Violating the relevant national price management regulations; (4) Impairing transportation, commerce, cultural and educational facilities and other municipal facilities under planning or construction Conditions for misleading propaganda.

The relevant person in charge of the Trademark Advertising Section of the Yinchuan Municipal Administration for Market Regulation told reporters that these regulations were also required in the previous "Interim Provisions on the Release of Real Estate Advertisements", but they were only departmental regulations, and this time in the " It is clearly stated in the Advertising Law, which also means that these contents have been elevated to the level of legal provisions.

The person in charge said that the four contents mentioned in the new "Advertising Law" are currently commonly used by real estate developers in advertising, and are also contents that have easily caused disputes or disputes with consumers in recent years. Including content that has received many complaints from consumers in the new Advertising Law will further promote and standardize the advertising content released by real estate.

The reporter saw in the "Interim Provisions on the Release of Real Estate Advertisements (Revised Draft)" that was implemented simultaneously with the new "Advertising Law" that real estate advertisements must not contain feudal superstitions such as Feng Shui and divination. Explanations and exaggerations must not be contrary to good social trends; if the price is stated in the advertisement, it should be clearly stated as the actual sales price and the validity period of the price; the advertisement must not contain information that the advertiser can handle household registration, employment, and further education for the residents. commitments, etc.

Real estate developers publish advertisements

Can no longer be "willful"

As we all know, when buying a house, today's home buyers also pay more attention to the surrounding facilities in addition to the project itself. Facilities such as transportation, businesses, schools, etc. Therefore, developers will also promote these as the project's selling points when advertising, and some even exaggerate the publicity to attract home buyers. For example, in order to promote their properties, developers often deliberately exaggerate the area or supporting advantages of their properties. The most common thing is that there are no large facilities, schools, etc. around the property. In order to achieve publicity purposes, facilities a few kilometers away and schools across many roads will be included in the facilities of the property, thereby misleading consumers.

In this regard, the relevant person in charge of the Trademark Advertising Section of Yinchuan Municipal Administration for Market Regulation pointed out that these advertising contents that do not comply with the provisions of the new "Advertising Law" will not be allowed to appear in published printed products starting from September 1 , newspapers, TV, Internet, outdoor electronic screens and other advertisements. In other words, starting from September 1, real estate developers, whether they are newly released advertisements or previously printed advertisements, including property brochures, promotional color pages, outdoor advertisements, etc., are not allowed to contain promotional content that violates the provisions of the new Advertising Law. The regulatory authorities will organize special inspections after the implementation of the new Advertising Law to investigate and punish violations and illegal behaviors.

The reporter learned that according to the provisions of the new "Advertising Law", those who violate the provisions of Article 26 will be ordered by the industrial and commercial administration department to stop publishing advertisements, order advertisers to eliminate the impact within the corresponding scope, and pay advertising fees. If the advertising fee cannot be calculated or is obviously low, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if the circumstances are serious, a fine of not less than three times but not more than five times of the advertising fee shall be imposed. If it cannot be calculated or is obviously too low, a fine of not less than 200,000 yuan but not more than 1 million yuan will be imposed, the business license may be revoked, and the advertising review approval document will be revoked by the advertising review authority, and its application for advertising review will not be accepted within one year.

Here, real estate developers are also reminded to take the time to modify and replace the illegal content in previously printed property brochures, promotional brochures, and promotional advertisements posted on the website, so as to avoid unnecessary consequences. trouble.

Consumers who encounter illegal promotions

can complain to "12315"

"The new "Advertising Law" stipulates the content of real estate advertisements, not only It will help regulate the real estate advertising market and protect the legitimate rights and interests of home buyers. "The relevant person in charge of the Trademark Advertising Section of the Yinchuan Municipal Administration for Market Regulation said that after the new "Advertising Law" is officially implemented, consumers can report to "if they encounter illegal advertising. 12315" to file a complaint.

In real estate advertisements, we can often see that in order to highlight their location advantages, some projects will say that it only takes a few minutes to reach a certain business district or a certain location, but the actual arrival time is However, it takes longer than advertised; there are also some projects that are obviously a certain distance away from a certain park, but they are advertised as having a park nearby, a natural oxygen bar, etc.

Industry insiders pointed out that most home buyers now purchase off-plan properties. Since there is no real scene, the content promoted by developers plays a certain decisive role in consumers' purchases. Now the new "Advertising Law" clearly stipulates that real estate advertisements must not make misleading publicity about transportation, commerce, cultural and educational facilities and other municipal conditions that are planned or under construction. In this way, as long as home buyers are deceived in relevant aspects, they can protect their rights and interests through legal channels. With the implementation of the new "Advertising Law", higher requirements and tests have been put forward for the promotional advertisements released by developers.