situation
COFCO Vanke Co., Ltd. is the construction unit of the Peninsula Project in Changyang Town, Fangshan District, Beijing. In the sales, the company declared that "one million meters of education leads to an infinite future" and "bought Changyang Peninsula and went to Beijing No.4 Middle School". Mr. Zhang bought a house in Changyang Peninsula developed by COFCO Vanke Company. Later, the owners learned that they would no longer enjoy studying in Fangshan Branch of Beijing No.4 Middle School for more than six years, and the majority of owners began large-scale rights protection activities.
201112 COFCO Vanke said that there is no "six-year validity period" restriction of "one room and one place" in Fangshan Branch of Beijing No.4 Middle School, but the specific admission requirements are subject to the systems and notices of relevant education departments and schools at that time. After a series of rights protection activities, the problem of the majority of owners of Changyang Peninsula attending Fangshan Branch of Beijing No.4 Middle School is always in an uncertain state, depending on other conditions. Not without results, but retrogression.
The owner, Mr. Zhang, took COFCO Vanke Company to court, demanding that the commitment of COFCO Vanke Company that children of Changyang Peninsula project can attend the project primary school and junior high school in Fangshan Campus of Beijing No.4 Middle School (one room and one place) in accordance with the national nine-year compulsory education system be confirmed according to law, which has legal effect on COFCO Vanke Company.
COFCO Vanke Company argued that our company did sign the Pre-sale Contract of Commercial Housing in Beijing with Mr. Zhang, and the commercial housing developed by our company belongs to the school district. The owner of our company can exercise the right to attend junior high school in Fangshan Campus of Beijing No.4 Middle School once according to the national nine-year compulsory education. Whether the owner can enter Fangshan Campus of Beijing No.4 Middle School depends on the education policy at that time. The name of the area developed by our company is Xiangyun Bay, a peninsula home, which is only a part of Changyang Peninsula. Our company has no right to arrange education. Therefore, Mr. Zhang's request to confirm that children of Changyang Peninsula Project can attend primary schools and junior high schools in Fangshan Campus of Beijing No.4 Middle School in accordance with the national nine-year compulsory education system was not supported by the court.
The focus of the dispute in this case is whether the sales advertisements and publicity materials of commercial housing should be included in the contract.
First of all, whether the sales advertisements and promotional materials of commercial housing are the contents of the contract. According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, the sales advertisements and publicity materials of commercial housing are invitations to offer, but the explanations and commitments made by the seller on the housing and related facilities within the scope of commercial housing development rules are specific and have a significant impact on the conclusion of commercial housing sales contracts and the determination of housing prices, which shall be deemed as an offer. Even if the explanation and commitment are not included in the commercial housing sales contract, they should also be regarded as the contents of the contract, and the party who violates it should bear the liability for breach of contract. Therefore, this commitment should be regarded as a part of the contract and legally binding on COFCO Vanke Company.
Secondly, Mr. Zhang's request to allocate primary schools is not clear in advertisements and leaflets, so Mr. Zhang's request to confirm that the commitment is legally binding is not supported.
According to the relevant laws and regulations, the parties shall abide by the provisions of laws and administrative regulations when concluding and performing contracts. Therefore, the junior high school (one room and one place) of Beijing No.4 Middle School Fangshan Branch promised by COFCO Vanke Company in the sales advertisement has legal effect on it.
analyse
Whether the sales advertisements and promotional materials made by developers are contract contents needs to be determined by the specific content of publicity. It depends on whether the publicity content has a significant impact on the conclusion of the contract and the determination of the house price. The publicity content in this case has a great influence on the conclusion of the contract and the determination of the house price because of its clear content, and should be the content of the contract according to law.
If the developer can't guarantee the buyer to enter school by buying a house, its propaganda constitutes false propaganda and violates the principle of good faith. The developer should bear the corresponding responsibilities and compensate the buyer.
(The above answers were published on 20 17-05- 18. Please refer to the current actual purchase policy. )
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