First, Keywords: second-hand housing sales, contracting fault liability
1. Typical case:
2065438+In July 2009, Laoyue sold the house to Lao Guo for 5 million yuan. After the contract was signed, Lao Guo got the house as promised. When it can be renovated, Lao Guo found that the bathroom in the master bedroom was covered at the back. The original master bedroom had no bathroom, and there were several sewers on the roof of the master bedroom. The main sewer terminal of the whole building is noisy in the room. However, Lao Yue did not tell the truth in the process of selling the house. Lao Guo believes that Laoyue concealed the important fact that the housing structure has changed, which led him to buy against his true wishes. Lao Yue thinks that Lao Guo has seen the house many times before buying a house, so he should know the situation of the house. The two sides failed to negotiate, and Lao Guo appealed to the court, demanding that Lao Yue compensate for the loss of 200,000 yuan.
2. The Court ruled that:
After hearing the case, the court held that Article 500 of the Civil Law stipulates that if a party intentionally conceals important facts or provides false information related to the conclusion of a contract, thus causing losses to the other party, it shall be liable for compensation. According to the facts ascertained, there was no bathroom in the master bedroom of the original apartment in the house involved, and there were many water pipes on the roof of the master bedroom. The end of the main sewer made a huge noise indoors, which had a certain impact on the normal life of the purchaser Lao Guo. According to the principle of good faith, considering that the residential nature and apartment type of the house involved are of great significance to the purchaser, Laoyue should truthfully inform Lao Guo of the above situation before signing the contract. Considering that the above hidden information is difficult to understand by looking at the house, Lao Yue's opinion that Lao Guo understands the present situation by looking at the house is not adopted. In view of Lao Guo's failure to provide corresponding evidence to prove its actual loss, Lao Yue finally decided to compensate Lao Guo for the loss of 50,000 yuan.
Second, understand the main points of the law
1. Important facts about the house should be informed when selling the house. These major facts generally include structural changes, water leakage, hidden major decoration defects and so on. Of course, the disclosure scope of the above major defects is limited to the seller's knowledge. Regarding the orientation and lighting of the house, since the buyer will generally make a field trip to the house before buying a house, there is no need for the seller to disclose it in detail.
2. In case of concealment when buying a house, you can cancel the contract or claim compensation for losses. If the seller conceals important facts, resulting in the purchase of the house is not what he wants, the buyer can choose two relief methods: one is to request the termination of the contract and claim compensation for losses on the grounds of fraud or major misunderstanding; Individually appeal to the seller to bear the responsibility of contracting fault and demand the seller to compensate for the losses.
3. Provide sufficient evidence to prove the loss. According to the principle of compensation for losses, when suing the other party for compensation, it is necessary to provide sufficient evidence to prove its actual loss. In the above cases, Lao Guo can prove his loss by applying for price evaluation, and try his best to win the support of judicial organs.