Legal Review on the Presale of House regarding the Duty of Disclosure and of Informing

• Main Author: 林坤賢
• Other Authors: 林廷機
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/04293935244789689399

碩士 === 逢甲大學 === 財經法律研究所 === 101 === Presale of house is the main trade mode of the newly built real estate in Taiwan. The mode enables the real estate company to sell the property when it is still under construction; therefore, presale of house can be seen an invisible product, and buyers can only understand the property through advertisement and the explanation of the sales persons. Arguably, this practice allows sellers to conceal the final planning and design of the presale of house and as a result, dominate over the customers. Thus, it is clear that the power relation between sellers and buyers is uneven due to the reason that the information provided to buyers is always unclear and insufficient. In order to reach the goal of faire trade and the conformity to the contents of the contract, this article argues that duty to disclose and inform need to be strengthened. Duty to inform, compulsory by law, aims to regulate sellers to reveal the transactions concretely, while duty to disclose can be divided into two categories— “omission performance” and “none-omission performance”. Duty to disclose is based on the principle of reliance of Civil Law and Consumer Protection Act 22. And requires the sellers to reveal important transactions and fulfill the duty to disclose before conclude a contract. And implementation of the Consumer Protection Act should protect consumer has correct and sufficient information. Through duty to disclose and inform can not only achieve the fairness of the trade between buyers and sellers but also decrease the perceptional gap, prevent the dispute and lawsuit of the two sides.