"Fierce house" is not a legal concept, which generally refers to a house with abnormal death and subjective fear. The existing laws in our country do not stipulate that the seller or brokerage company must disclose the unfavorable factors of abnormal death in the process of housing transaction. Does this mean that buyers can only "eat coptis" without knowing it when they buy a haunted house? Here's a court case to see what to do if you buy a "haunted house". Real Case 20 17 12.9. Plaintiff Peng signed a house sales contract with defendant Cenmou and a real estate agency to buy a house in Zhongcun Street, Panyu District in the name of Cenmou. During the performance of the contract, Peng paid the down payment (including down payment), mortgage service fee and agency fee to Cen, and Cen also delivered the house involved to Peng according to the contract, and then both parties went to the Housing Authority to handle the house transfer procedures. Peng is still immersed in the joy of buying a new house. A neighbor told Peng that someone had committed suicide in this house. This is a haunted house that has been vacant for several years. Peng was surprised to hear the news, and then went to the community management office and the police station to verify it. He learned that in August of 20 15, the owner's son hanged himself in the corridor of the house, and the house was sold to cen in 20 17. After confirming the above information, Peng and his family were shocked and panicked. So far, they have never dared to go to the house alone, let alone move to the house. In order to buy a house, Peng and his family scrimped and saved for many years. The down payment on buying a house exhausted their savings for many years, but they never imagined that what they spent 3.63 million on was actually a haunted house. Subsequently, Peng inquired about the information of Cen on the Internet, and found that Cen was an employee of a real estate agency and a real estate agent, and there were various indications that Cen used his information advantage in the real estate agency to maliciously conceal the important information about the abnormal death of the house involved and maliciously speculate on the haunted house. Cen's behavior has constituted fraud. On this basis, Peng and Zou negotiated to cancel the house sales contract and asked Zou to return the paid house purchase money and compensate for the losses, but Zou refused Peng's request and Peng appealed to the court. After trial, the grass-roots court held that Cen, as an employee of an intermediary company, had the advantage of knowing the housing situation more conveniently than ordinary buyers before buying the houses involved. And Zou did not take the initiative to inform Peng of his professional situation when he sold the house involved. Secondly, although Cen claimed that he bought the house at the current market price, the court only showed that the payment he provided to the seller was 6,543,800 yuan+0,790 yuan. Another 290,000 yuan was paid in cash by Zou, but no relevant receipt was provided to confirm it. In addition, Cen claimed that the house involved was for his own use, but he did not submit relevant evidence to prove that he lived in the house after purchase. Therefore, the court held that Cen's defense was unfounded and dismissed it. At that time, the intermediary company of the transaction was Cen's company, and the possibility that Cen knew about the abnormal death of the house involved could not be ruled out. The court thus found that Zou concealed the real situation of the house involved and constituted fraud. In the end, the court decided to cancel the house sales contract, and Zou returned the relevant expenses to the buyer and compensated for the loss of 363,000 yuan. The Intermediate People's Court of second instance upheld the original judgment. Lawyers suggest that if buyers are shy about "haunted houses", they can ask the owners to stipulate information disclosure clauses in the contract. For example, "the owners guarantee that there have been no abnormal deaths or serious criminal cases in the houses they sell, which may lead to psychological anxiety of buyers. If the buyer discovers the above-mentioned situation of the house and the owner fails to inform it in writing, the buyer has the right to terminate the contract and ask the owner to compensate for certain losses. After accidentally buying a haunted house, the buyer can actively seek legal relief: 1. The buyer has the right to exercise the cancellation right within one year of knowing the "haunted house" and request the court to cancel the sales contract between the two parties. 2. After the termination of the contract, the real right status returns to the initial state, the house is returned to the seller, and the house payment paid by the buyer is returned. 3. The seller shall bear the legal consequences arising from the termination of the contract and compensate the buyer for the losses (such as intermediary service fee, deed tax, personal income tax, real estate registration fee, etc.). ) to produce performance. Article 54 of the Contract Law of People's Republic of China (PRC) may cancel the following contracts, and one party has the right to request the people's court or arbitration institution to change or cancel them: (1) Contracts concluded due to gross misunderstanding; (2) obviously unfair at the time of conclusion of the contract. If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. The people's court or arbitration institution shall not revoke the request of the parties. Article 55 The right of cancellation shall be extinguished under any of the following circumstances: (1) The party to the right of cancellation has not exercised the right of cancellation within one year since he knew or should have known the reason for cancellation; (2) The party who has the right to cancel clearly expresses or waives the right to cancel by his own actions after knowing the reasons for cancellation.
How fierce? Is it fierce that someone died in the house? Is it fierce to build a house on a graveyard? This house is always strange. Is it fierce to lose your strength at a certain time? Sleeping indoors, I dream about some ghosts and gods every night. Is it fierce? Everyone has different definitions about whether it is a haunted house or not. For example, some people have strong yang, some people have weak yang, one is not easy to faint in the house, and the other will not happen, so eat. Is this house really fierce? The sale of houses still follows the laws of market economy. If a haunted house is located in a prime location, the surrounding house price is 65438+100,000 square meters, and the house sells for 60,000, are you excited? I guess a lot of people want to gamble. I remember listening to friends who do real estate before, saying that some people in the market specialize in buying and selling haunted houses, picking sellers, and picking buyers if the houses are not fierce enough. If you insist on asking whether there are any relevant laws and regulations, you can only say that there are some defects in this house, and the seller violated the obligation of honesty and trustworthiness and did not inform the buyer of the actual situation. I have read the judgment of a court in Shanghai before. Generally speaking, after buying a house, a person finds someone dead in it, having nightmares every night and finally paying back some money.