Document Type : Original Article
Author
Assistant Advisor at the Egyptian State Council Lecturer at the Military Academy for Postgraduate and Strategic Studies
10.21608/mjle.2025.453991
Abstract
In our modern era, Commercial advertisements are one of the means of competition as well as being a suitable means for consumers to obtain information and data on goods and services. However, in recent times, the real estate consumer has become an easy prey for promoters of false and misleading commercial advertisements, as these advertisements affect the will of the contracting parties, so that they push them to conclude the contract, and then the jurisprudence differed about the legal nature of the commercial advertisement. In fact, the right or freedom to advertise the property is one of the forms of freedom of speech guaranteed by the constitution, and this freedom is closely linked to many other constitutional freedoms such as freedom of investment, freedom of competition, trade, industry, as well as the right to housing; therefore, the regulation of this freedom, last mentioned, must be done by the legislator. Accordingly, Consumer Protection Law No. 181 of 2018 included many texts regulating this freedom, as it set conditions for commercial advertisements, in addition to those relating to advertising real estate. Despite the modernity of the Consumer Protection Law, it has not served the field of real estate sales by explicitly stipulating the rules for advertising in real estate materials. Moreover, it has not achieved the desired protection for the buyer from false and misleading advertisements. Besides, the Consumer Protection Agency, under the same law, plays an important role in the field of confronting commercial advertisements that violate the Consumer Protection Law, at a later stage after publishing these advertisements, without providing prior oversight or prior examination by the administration of this publication.
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