Case 1
The original owner concealed that someone jumped off the building in the house, and the buyer was angry and asked to return the house, which was supported.
Mr. Wu took a fancy to a property located in Haizhu District through an intermediary company, and negotiated with Ms. Chen, the owner of the property, about the sale of the house. Mr. Wu made it clear to Ms. Chen that his wife was pregnant, asked the house to be auspicious, and took the initiative to ask if anyone in the house had died. Ms. Chen said that no one in the house had died. Afterwards, Mr. Wu signed a house sales contract with Ms. Chen, and paid the full house price of RMB 6,543,800+0.2 million in one lump sum, and went through the transfer formalities with the assistance of the intermediary company.
Two months later, Mr. Wu learned that the house committed suicide by jumping off a building, and quickly found Ms. Chen to negotiate to check out, but Ms. Chen said that the house would not affect the use and refused to check out. In case of unsuccessful negotiation, Mr. Wu filed an arbitration with the Arbitration Commission, demanding the termination of the house sales contract, and Ms. Chen returned the house purchase price of RMB 6,543,800+0.2 million. After examination, the owner, Ms. Chen, did not truthfully inform Mr. Wu that he had committed suicide by jumping off a building, which caused a great misunderstanding to Mr. Wu. Finally, the Arbitration Commission ruled in accordance with Articles 54, 58 and 154 of the Contract Law to support all Mr. Wu's arbitration requests.
Article 54 of the Contract Law stipulates: "One party has the right to request a people's court or an arbitration institution to modify or terminate the following contracts: (1) a contract concluded due to a major misunderstanding; (2) obviously unfair at the time of conclusion of the contract. The injured party has the right to request the people's court or an arbitration institution to modify or cancel a contract concluded by one party against the true meaning by means of fraud or coercion or taking advantage of the danger of others. " Article 58 stipulates: "After a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they should bear their respective responsibilities. " Article 154 stipulates: "If the quality requirements of the subject matter are not stipulated or clearly stipulated by the parties and cannot be determined according to the provisions of Article 61 of this Law, the provisions of Item 1 of Article 62 of this Law shall apply." In this case, when the buyers and sellers negotiated the sale of the house, Mr. Wu had clearly expressed the hope that the house would be auspicious and took the initiative to consult whether the house had ever died. However, Ms. Chen did not tell Mr. Wu truthfully that someone jumped to his death, which violated the principle of good faith in the Contract Law. Moreover, according to the general understanding of traditional customs, some people commit suicide by jumping off a building, which will cause serious psychological shadows and obstacles to property buyers and affect their decision whether to buy a house.
Lawyers of the Legal Advisory Service Center of Guangzhou Real Estate Agency Association remind consumers that if buyers are shy about "haunted houses", they can specify the conditions of the houses in the contracts, and should inquire about the situation of the houses sold by the owners in various ways, such as going to the police station in their jurisdiction to find out or searching the address of the houses purchased online. At the same time, the buyer can also ask the owner to stipulate information disclosure clauses in the contract, such as "the owner guarantees that there have been no abnormal deaths, serious criminal cases and other situations that may cause the buyer's psychological anxiety. 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 demand compensation of 654.38 million yuan from the owner. Such an agreement can urge owners to disclose housing information, and can also provide evidence for buyers to seek legal relief in case of disputes. In addition, the owner should abide by the principle of good faith and take the initiative to explain to the buyer that if there have been abnormal deaths and serious criminal cases in his house, he should inform the buyer in writing.
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The intermediary said that the "haunted house" did not belong to the obligation of informing, and the intermediary fee and economic compensation were refunded to the buyer when the lawsuit was filed.
Li intends to marry his girlfriend in Guangzhou, entrust a broker of an intermediary company to find a house, and emphasize that it is not allowed to be a "haunted house". After many introductions, Li took a fancy to a property in Tianhe District. When discussing the deal with the broker, Li repeatedly asked whether the property was a haunted house. Said the property was absolutely auspicious, and promised Li in writing: "If the property is a haunted house, it will return the agency fee of 30,000 yuan to Li and compensate the economic loss of 1000 yuan." Afterwards, Li signed a "House Sales Contract" with the owner of the property, and paid an intermediary fee of 30,000 yuan to the intermediary company.
Later, when chatting with the citizens near the property, Li learned that there had been a murder case in the property, which led to death. Li immediately had a dispute with the agent, demanding to return the agency fee of 30,000 yuan and compensate the economic loss of 1 10,000 yuan. Chen Mou said that the "haunted house" is not the content of the agent's obligation to inform, and it is impossible for him to fully investigate all the murders in the house, so he is only willing to return the agency fee of 30,000 yuan and refuse to compensate the economic losses. In a rage, Li filed a lawsuit with the court, demanding that the broker return the agency fee of 30,000 yuan and compensate the economic loss of 6,543.8+0,000 yuan. After examination by the court, the property was murdered, but Li was promised in writing that the property was not a haunted house, and said that if it was a haunted house, he would return the agency fee of 30,000 yuan and compensate the economic loss of 6,543,800 yuan. Finally, under the mediation of the court, the agency fee was returned to 30,000 yuan and Li's economic loss was compensated to 5,000 yuan.
Article 25 of the Measures for the Administration of Real Estate Brokers stipulates: "Real estate brokerage institutions and real estate brokers shall not engage in the following acts: (3) soliciting business by improper means such as concealment, fraud, coercion or bribery, tricking consumers into trading or forcing them to trade." Article 14 of the Regulations of Guangzhou Municipality on the Administration of Real Estate Intermediary Services: "When providing real estate intermediary services to clients, real estate intermediary service institutions shall state the following matters in writing: (2) Basic information such as the ownership, area, service life, use, mortgage, lease and use restriction of real estate involved in intermediary services." Article 24 stipulates: "Real estate intermediary service institutions and personnel shall not commit the following acts in real estate intermediary service activities: (2) providing false materials or concealing the real situation."
Although the "haunted house" does not belong to the content of the broker's statutory obligation to inform. However, when both parties agree in the contract (including oral contract) that the content is one of the conditions, the broker is obliged to investigate and verify the content and truthfully inform the other party, and shall not provide false information or make false promises to consumers without investigation. In this case, Li repeatedly stressed that the property should not be a haunted house, but the broker still made a false promise to Li that it was not a haunted house without a clear investigation, causing Li to suffer losses.
Lawyers warned the majority of intermediary companies and brokers that when providing intermediary services to consumers, they should not only truthfully inform the basic information such as the ownership, area, service life, use, mortgage, lease and use restrictions of the house in accordance with the provisions of industry rules and regulations, but also adhere to the principle of good faith in the content of the obligation not to inform, and truthfully investigate, understand and reflect the situation according to the requirements of consumers. They should not make promises at will, or provide false information or make false promises without investigation. If consumers are afraid of "haunted houses" and need intermediary companies and brokers to cooperate with the investigation, they should clearly inform them or clearly stipulate the conditions of the house in the contract.
Teach you a few tricks to identify "haunted houses"
If the buyer is shy about the "haunted house", he can specify the conditions of the house in the contract, and should inquire about the situation of the owner's sale of the house in various ways, such as going to the police station in the jurisdiction or using the address of the house he bought as a keyword to search online. At the same time, the buyer can also ask the owner to stipulate information disclosure clauses in the contract, such as "the owner guarantees that there have been no abnormal deaths, serious criminal cases and other situations that may cause the buyer's psychological anxiety. 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 demand compensation of 654.38 million yuan from the owner.
Such an agreement can urge owners to disclose housing information, and can also provide evidence for buyers to seek legal relief in case of disputes. In addition, the owner should abide by the principle of good faith and take the initiative to explain to the purchaser that if there have been abnormal deaths and serious criminal cases in his house, he should inform him in writing.
(The above answers were published on 20 17-03-05. Please refer to the actual situation for the current purchase policy. )
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