Many home buyers say: "I don't mind second-hand houses, but I mind second-hand houses that have killed others."
Second-hand houses where people have died often bring psychological fear to people. Long-term living in them will affect the health of the residents, so they are difficult to sell or are often cheaper than houses on the market. Therefore, many landlords or agents choose to conceal the fact that the house is dead when selling second-hand houses. Some people who bought this kind of house have applied for a refund through legal procedures. But not all houses where people have died can be checked out smoothly. It depends on whether the house you bought is a "haunted house".
Ms. Wen from Yuyao spent more than 1 million yuan to buy a second-hand house, but was later told that it was a "haunted house." Ms. Wen filed a lawsuit in court, requesting the court to revoke the original house sales contract, and the original owner to return the house payment and compensate for the corresponding losses. After two public hearings, the court finally rejected Ms. Wen’s request.
Why did Ms. Wen lose the lawsuit? What does the so-called "haunted house" really mean?
According to Judge Ding of Yuyao Court, there are no legal provisions on "haunted houses", and it is impossible to define whether a haunted house is a "haunted house". During the trial of the case, the court accepted all other evidence submitted by Ms. Wen, but there was controversy over the abnormal death.
The court held that there was no evidence of homicide or suicide in the records of the public security organs. The cause of death was probably caused by self-causes or disease. This is a different concept from the "haunted house" in the public impression. The court ultimately rejected Ms. Wen's lawsuit. The main reason was: the main function of a house is to provide living space for people, and birth, old age, sickness and death are inevitable. "Birth, old age, sickness and death" do not violate public order and good customs, nor do they cause serious impact on surrounding houses, and are normal. scope of life. Someone did die in the house involved, but the public security organs did not file a case for review, and there was no relevant autopsy report, so the cause of death could not be verified.
Judge Ding believes that judging from the folk definition of "haunted house", there are various answers, but they are only within the scope of his own understanding. Different cultural levels have different understandings, which is difficult to be a reason for rescission or termination of the contract. . More often than not, the court bases its determination on the specific provisions of the contract, and requires the party making the claim to provide evidence to prove its claim.
The lawyer's opinion does not expressly stipulate that the seller must inform about the "haunted house". Obligation to inform
As for the applicable law of "haunted house" and how to provide evidence, lawyer Hu from Zhejiang Yufeng Law Firm interpreted it this way: From a legal perspective in my country, there is no definition of "haunted house". " definition. It is generally believed that a "haunted house" refers to a house or place where homicide, suicide, accidental death and other unnatural causes of death have occurred. Litigation arising from the sale and purchase of "haunted houses" occurs all over the country. In this case Under such circumstances, only the General Principles of Civil Law, the Property Law and the Contract Law can be applied. If the owner deliberately conceals information and sells the haunted house, the judicial authorities tend to deal with it in three ways: revocation of the sales contract, invalidation of the contract that violates public order and good customs, Terminate the sales contract. If the intermediary conceals the fact of the "haunted house", it is not entitled to charge the intermediary fee and needs to compensate for the losses.
Currently, there is no express obligation for the seller to disclose the "haunted house" information. As a buyer, How to protect yourself?
Lawyer Hu reminds home buyers: First of all, to avoid the realization of house purchase disputes, shop around before buying a house, and do research in advance to understand the use of the house for sale through surrounding residents; Secondly, both parties should pay attention to evidence preservation during the negotiation process. In addition to forming a written house purchase agreement, it is best to have the seller sign a commitment letter not to be a "haunted house" or use evidence preservation methods such as recording, which can be used as evidence by the plaintiff in case of house purchase disputes to avoid buying the house. "Unfinished housing" causes disputes.
(The above answer was published on 2017-03-27, please refer to the actual relevant housing policies)
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