Now, because of housing prices, second-hand housing transactions in Nanjing are very hot. In the second-hand housing transaction, most people are concerned about housing prices and school districts, and most people can't think of the ominous and auspicious problems of the house. However, because the transaction is a second-hand house, the probability of encountering it is not great, but the problem does exist. As a lawyer, every year, customers ask what to do if they buy a haunted house. If the buyer and seller fail to negotiate, they can only go to court.
It seems that "haunted house" is indeed an unavoidable "embarrassing topic" in the second-hand housing market. But it is unavoidable in the market and legally avoidable. The key depends on how you sign the contract.
One of the cases.
Location: Gulou District
Mr. Wu, 35, and his wife run a snack bar in Nanjing. In order to naturalize their children, they spent 6.5438+0.4 million yuan to buy a school district in Gulou District. After moving in, Mr. Wu heard that the house had been "dead" ten years ago, and his heart began to feel uneasy.
Mr. Wu went to the nearby police station to inquire and found that a murder case did happen in this house 10 years ago: a drug addict entered the original owner's house to steal, and after being caught by an old man who bought food, the old man was killed and burned by the murderer. Although many years have passed since the murder case 10, Mr. Wu's wife was very upset after hearing about it and insisted on moving out of the house.
Dare not live in a newly bought house, resulting in one problem after another. Who dares to take over the haunted house? If you sell it again, can you hide it? Once you tell the truth, even if you buy the house, the price will be much lower. What should I do with these losses?
Therefore, Mr. Wu took the original owner to court and claimed the loss of 654.38+0.5 million houses.
The Gulou court held that the "murder case" was separated from the housing transaction for many years, and it was widely reported by many media when the murder case occurred; The original owner's family lived in this house until the date of house transaction. Therefore, Mr. Wu asked the original owner to tell the truth about the tragic death of his loved ones when he sold the house 10 years later. This is unreasonable and is to uncover the scars of the original owner's family. Accordingly, the court found that the original owner did not constitute a deliberate concealment of the facts of the murder.
As for whether the fact of murder will lead to the depreciation of the value of the house, the Gulou court held that Mr. Wu is still the landlord and there is no fact of reselling the house, so there is no evidence to devalue the transaction value.
In the end, the court rejected Mr. Wu's claim.
Case 2
Location: Jiangning District
Like Mr. Wu, Ms. Zhao of Jiangning is also worried about the "haunted house" recently.
Zhao Nvshi worked hard in Nanjing for eight years. As early as eight years ago, she took a fancy to a new building in Jiangning. She didn't have it at first, but now the price of second-hand houses in this building has doubled. Getting married is just around the corner, and preparing to have children after marriage, Zhao Nvshi no longer hesitates and decides to take action. Through the intermediary, she took a fancy to a second-hand house in the property, with a total price of 1.5 million yuan. After signing the house sales contract with the other party, Ms. Zhao paid a down payment of 900,000 yuan and applied for a provident fund loan for the rest of the house. In the next two months, Zhao Nvshi went through the house transfer formalities with the original owner.
After the transfer, Ms. Zhao was going to decorate the newly bought house, but she accidentally heard from her neighbors that the house had jumped off the building. This frightened Zhao Nvshi. In order to confirm the rumor, she contacted and verified the original owner Li many times. Li said that the incident of jumping off a building did happen, but it did not affect his residence. He didn't have to tell Zhao Nvshi all this. Seeing the truth, Li took the initiative to "apologize" and there was no following.
Li's attitude makes him very angry. She found the original intermediary Xiao Wang and asked Xiao Wang: When you recommended this house to her, why didn't you confirm the quality of the house first? Who knows, the intermediary Xiao Wang stood up and said, "Sister Zhao, I asked at the beginning. The landlord said that this house is a lucky house and nothing happened. You see, we also indicated the' lucky house' in the tripartite agreement on house purchase, and our understanding of the house is limited to the owner's commitment. Please forgive me! "
Zhao Nvshi didn't know what to do, so he came to me for advice. As far as I know, in the second-hand housing market, 80% of the owners will not tell the housing agent about the haunted house, otherwise it will be difficult to "sell" the house. Secondly, in the current intermediary market, only a few intermediary companies have established a "haunted house database". According to the statistics of an intermediary in Beijing, more than 2,000 sets of "haunted houses" have been filed in Beijing, but the situation in Nanjing is unknown.
Therefore, no matter how cautious buyers are, they may not be able to effectively judge and rule out haunted houses.
Teach you a trick
What should I do if I buy a second-hand haunted house?
"Fierce house" is not an official or legal definition, and there is still great controversy about whether the concept of "haunted house" belongs to good customs or feudal superstition. In the current practice of dispute resolution, lawyers should first make moves: first, buyers must record the ill-fated situation of the house in the purchase agreement or the tripartite agreement signed through the intermediary, and impose the obligation of housing information disclosure on the seller.
If the seller promises in writing that the house sold is "normal", but the buyer finds that he bought a "haunted house" after the transaction, it can be considered that the original owner constitutes "fraud". If the two parties fail to negotiate, once the property buyers sue the court, it is easy to get the court's support for the "derogatory fee" and even have the right to ask the court to order the cancellation of the purchase agreement, so that the purpose of "returning the house" can be achieved.
I say this because any business relationship should be based on the principle of "honesty and credit". "Haunted house", that is, a house with abnormal death, will seriously affect the psychological feelings of buyers, thus reducing the transaction value, although objectively it will not affect the actual use value of the house. This is a major defect of the house.
Therefore, from the beginning of the sale, the seller has the obligation to truthfully disclose the "haunted house" information to the buyer in accordance with the trading ethics of honesty and credit. In the case that the seller intentionally conceals the information of the haunted house and intentionally violates the obligation to inform, the buyer can of course get the support of the court to defend his rights according to law.
The basis of the above viewpoint is that according to the relevant provisions of China's Contract Law, one party has the right to request the court or arbitration institution to modify or cancel the contract concluded by fraud, coercion or taking advantage of the danger of others, or the contract concluded due to major misunderstanding. Because the "haunted house" seriously affects the buyer's desire to buy, it is a major problem that affects the conclusion of the house sales contract and violates the buyer's true intention, so concealing the information of the "haunted house" violates the principle of good faith.
Under the above circumstances, Zhao Nvshi has the right to appeal to the court, or request the court to support the "derogatory fee", or request the court to directly terminate the troublesome house purchase contract under the condition that the seller surnamed Li promises in writing that it is Geely House (the seller must fully refund the house purchase price, taxes and other losses).
(The above answers were published on 20 17-03-22. Please refer to the actual situation for the current purchase policy. )
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