How can real estate developers protect their rights by shoddy goods, deceiving consumers and concealing major unfavorable factors?

You can directly sue the court for rights protection. Real estate development enterprises deliberately conceal the fact that they have not obtained the pre-sale permit of commercial housing or provided false pre-sale permit of commercial housing when selling; Deliberately concealing the fact that the house sold has been mortgaged; Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been demolished, compensated and resettled. The buyer may request to terminate the contract and ask the seller to double the paid house purchase price.

Legal analysis

Commercial housing sales fraud: 1. False advertisements mislead consumers: in the process of selling commercial housing, especially faster housing, advertisements are often the contributing factors to arouse consumers' desire to buy and make a decision to buy a house. According to the law, the contents of advertisements must be true, and consumers must not be deceived or misled. The release of false advertising information by developers is undoubtedly a fraudulent act of inducing the other party to express their intention with false information. The house delivered by the developer does not meet the promise in the contract or advertisement, which should be considered as fraud. 2. The license of commercial housing development is incomplete, and consumers are not informed: commercial housing development must go through various approval procedures in strict accordance with the law, and construction and sales can only start after obtaining various approval certificates according to law. Because of its illegality, the construction projects with incomplete licenses usually cannot handle ownership certificates for buyers, which not only directly leads buyers to fail to achieve their purchase purposes (unable to obtain ownership certificates and house ownership), but also does great harm to social stability and the development of the real estate market. Development in accordance with the law and regulations is an obligation entrusted to developers by law. Developers who fail to obtain all kinds of licenses required for development projects according to law, fail to tell consumers truthfully, and fail to go through relevant procedures within the delivery period agreed in the contract not only violate the relevant management regulations on real estate development and sales, but also constitute fraud to consumers because they fail to fulfill their obligation to inform. 3. Shrinking of housing area: With the decrease of housing area, developers may directly encroach on consumers' property. Because housing construction emphasizes strict construction according to drawings, the lack of area can only be deliberately done by developers. Considering the complexity of the construction process. The allowable error value of 3% is set, and if the shortage area exceeds the allowable value range, it should be considered as fraud. 4. Quality disputes caused by commercial housing construction or decoration materials: there are many kinds of materials involved in housing construction and decoration, and the advantages and disadvantages of various materials vary greatly. It is not uncommon to shoddy and shoddy in engineering construction. This kind of behavior not only causes poor quality of houses and decoration, but also makes the interests of buyers and sellers obviously asymmetric, and consumers suffer huge losses of interests, which may also seriously affect the safety of houses.

legal ground

People's Republic of China (PRC) Civil Code

Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the aggrieved party has the right to request the people's court or an arbitration institution to cancel it.

Article 149 If a third party commits a civil juristic act against its true meaning due to fraud, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.