After buying a house
Only then did I know that this was a haunted house.
In February last year, 65438, Mr. Li had a plan to buy a house, and wanted to buy a second-hand house as a "new nest" for himself and his wife. Through various channels, Mr. Li finally learned online that there is a house in Xingye New Village that suits him very well. So, Mr. Li began to contact the second-hand housing agency and found the Bicui Haoting store in Luocun, Admiralty Real Estate.
"This house in Xingye New Village is about 80 square meters. The price we negotiated with the intermediary is 500,000." Mr. Li told reporters that when signing the contract, the agreed agency fee was 15000 yuan, and 8000 yuan was given to the agency on the spot. Then I also paid the owner a deposit of 20 thousand yuan.
I thought I bought a house like this, but to Mr. Li's surprise, the house was actually a "haunted house." "We have enough money to pay the down payment, but we still need to find a financing company to borrow money." Mr. Li said that in March this year, when they approached the financing company to discuss the loan. People in the financing company accidentally mentioned that someone had died in this house before, reminding them to think clearly.
Only then did Mr. Li know that the house he bought turned out to be a "haunted house". Immediately, Mr. Li found the property management of the community where the house was located, and confirmed that abnormal deaths did occur in the house, and there were related reports on the Internet.
Instead of refunding the money, the intermediary claimed to sue.
"The intermediary and the owner didn't tell us from beginning to end that this was a haunted house. If we knew about it, we would definitely not buy it. " Mr. Li said. On May 20th, the intermediary, the owner and Mr. Li held a "negotiation". In the end, the owner returned the deposit of 20,000 yuan to Mr. Li in full on the spot. However, the intermediary "cheated" at this time, saying that it had to go through the company process and could not refund the agency fee of 8,000 yuan.
Mr. Li reflected that in the whole process, the intermediary has always taken an indifferent attitude and hung up the phone without answering the phone or saying a few words, which is very unfriendly. "It wasn't until the beginning of July, at our urging, that the intermediary reached a written agreement with us, saying that it could only refund 5,000 yuan and still need to give the intermediary 3,000 yuan in labor fees." Mr. Li said that the intermediary refused to sign and seal the written agreement.
On July 7, the reporter called Zhao, manager of real estate Bicui Haoting Store, to verify the situation. "This house is a haunted house? This is not Mr. Li's unilateral decision. Neither our intermediary nor the owner knows that there has been a death. " Zhao immediately denied that the house was a "haunted house" and said that Mr. Li didn't want to buy a house at all, and Mr. Li broke the contract first.
"We have been' serving' Teacher Li for half a year, and we have done what the intermediary should do all the time." Zhao said, but Mr. Li often makes trouble without reason. In order to check out, he once beat the intermediary agent and the owner. But Mr. Li said there was no such thing.
Zhao told reporters that "real estate has a special legal adviser. Now, not only will we not refund this 8,000 yuan, but we will also sue Mr. Li through legal channels to recover the remaining 7,000 yuan. "
"A written agreement was reached in early July, and 5,000 yuan was refunded. At that time, we did not accept it and asked the intermediary to return all 8,000 yuan to us. " Mr. Li said that it is really unacceptable to recover 7000 yuan now. By the time the reporter wrote, the two sides were still in a stalemate.
Lawyer's view
intermediary
It is reasonable to charge.
Urban resident
You should ask more about buying a house.
Tang Da, Guangdong Jietai Law Firm, said that "haunted house" is a folk custom, and the relevant laws and regulations in China have not stipulated it. The occurrence of abnormal deaths in houses has not objectively affected the actual use value of houses. And whether it is a "haunted house" is not in the matters that should be informed when selling a house as stipulated by law. As for the agency fee, it depends on whether the transaction is reached. In this case, since the transaction has been concluded and the service has been provided, the intermediary can charge Mr. Ali a certain fee.
Lawyer Tang reminded that in order to prevent such problems, citizens should look for neighbors or properties before buying second-hand houses.
The reporter learned that Mr. Li is not the first person who may be sued because of the "haunted house". Similar cases have occurred in many places in China. In May last year, there was a lawsuit in Xiamen. The intermediary sued the buyer for returning the house because of a "haunted house", which was very similar to Mr. Li's situation. After trial, the court held that the housing agency did not truthfully inform the housing situation, which caused the purchaser to have a major misunderstanding and was a changeable and revocable situation. The court ruled that the intermediary had no right to ask the buyers to pay the intermediary fee according to the contract. Although the property buyer failed to purchase the house successfully, he should pay the corresponding fee 1000 yuan in view of the fact that he also accepted the housing introduction service of the intermediary.
(The above answers were published on 20 17-03- 16. Please refer to the actual situation for the current purchase policy. )
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