"There is a second-hand house that is the hardest to sell. Whether it is in a bustling downtown or in a scenic place, as long as a vicious incident occurs, wearing the cross of the haunted house is doomed to be very difficult to sell. " A few years ago, the reporter discussed the haunted house. Real estate people also said that due to the developed information, there were cases of murder and arson, and the news reports described the process in detail, including the building number and house number, and the owners could do nothing. A "haunted house" is often an unfortunate incident caused by tenants. A real estate agent said that as real estate agents, they have no eyes and cannot predict the past and the future. The tenant was very gentle when signing the contract, but then an unfortunate thing happened, which really surprised people.
The "haunted house" is a small probability event, but if it is spread to a buyer, it is a big thing. Nowadays, in order to avoid buying haunted houses, buyers of second-hand houses have practiced Conan's skills, visited neighbors to ask about the past history of houses, and also inquired about community news online. Lawyers of Guangzhou Real Estate Agency Association said that if buyers are very taboo about "haunted houses", the most powerful weapon besides verbally asking the owners and agents is the contract terms. The buyer should clearly state the relevant matters in the contract, and the owner and the intermediary cannot conceal the history of the haunted house.
Story 1: Does the wife buy a "haunted house" when she is pregnant? Check with arbitration support
Mr. Wu took a fancy to a real estate in Haizhu District through an intermediary and negotiated with Ms. Chen, the owner of the real estate, 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. Mr. Wu filed an arbitration with the Arbitration Commission, demanding that the house sales contract be terminated and that Ms. Chen return 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, according to Articles 54, 58 and 154 of the Contract Law, the Arbitration Commission ruled in favour of all Mr. Wu's arbitration requests.
Expert analysis: concealing "haunted house"? Misleading the buyer's purchase decision
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 in violation of its 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 agreed or clearly agreed 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 truthfully tell Mr. Wu about the death of someone who jumped from a building, 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.
Story 2: Introduce buyers to buy haunted houses? The broker paid 5000 yuan.
Li intends to get married and live in Guangzhou with his girlfriend who has been in contact for many years, entrusts an intermediary company to look for real estate, and emphasizes not to "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 Geely, 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 nearby citizens, Li learned that there was a murder case in the property, so he asked the broker to return the agency fee of 30,000 yuan and compensate the economic loss of 1000 yuan. Chen Mou said that the "haunted house" was not part of the broker's obligation to inform, so he was only willing to return the agency fee of 30,000 yuan and refused 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.
Expert analysis: the non-statutory obligation to inform should also be responsible.
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 clear 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.
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.
When providing intermediary services to consumers, intermediary companies and brokers shall truthfully inform the ownership, area, service life, use, mortgage, lease, use restrictions and other basic information of the property in accordance with the provisions of industry rules and regulations, and shall adhere to the principle of good faith to investigate, understand and reflect the situation according to the requirements of consumers, and shall not make promises at will without investigation, and shall not provide false information or make false promises to mislead or trick consumers into trading. If consumers are shy about the "haunted house" and need intermediary companies and brokers to cooperate with the investigation, they should clearly inform them and clearly stipulate the conditions of the house in the contract.
(The above answers were published on 20 15-08- 17. Please refer to the current actual purchase policy. )
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