People who have bought a property know that in a first-hand project, the developer is required to make a notification of unfavorable or uncertain factors in the environment surrounding the project, usually by making a conspicuous public notice in the corner of the sales department, which is also a point of inspection by the government regulator. For second-hand properties, which are transactions between natural persons, the surrounding environment is more mature, and buyers can rule out unfavorable factors such as lighting and noise by viewing the property at different times, but some factors may not be detectable by the senses. The past history of the second-hand house, the owner and the disk for fear of hindering the transaction, then, what is the owner must say, which can be said not to say it?
Wen/Fu Guangzhou Daily media reporter Li Fenghe (except for the byline)
Case 1: the owner is not honest, buy a "murder house" can be returned?
Despite repeated precautions, or buy a "murder house", Ms. Chen (a pseudonym) recently encountered such a troublesome. A few days ago, because of the seller several times to communicate with the ineffective, Ms. Chen can only embark on the road of litigation.
Miss Chen because her mother had a car accident caused cervical spine fracture, bounced around a lot of places for treatment and surgery, in order to take care of her mother still paralyzed in bed, taking into account the higher level of medical care in Guangzhou, as well as the cousin also works in Guangzhou to facilitate the care, and therefore decided to relocate the whole family to Guangzhou. Ms. Chen has transferred her account to Guangzhou collective household in 2017 and is eligible to buy a house. In order to buy a house in Guangzhou, Ms. Chen's parents sold their house in their hometown for 1.27 million yuan. In June this year, Miss Chen in the intermediary recommended, go to Panyu District to see the building and fancy a 76 square meters of two-room units, the house opening price of 2.13 million yuan, and ultimately sold at 2.12 million yuan. in early August the two sides to complete the transfer of transactions, the end of August to hand over the house. In the handover day, Miss Chen's family accidentally learned that the house in a few months ago, someone died, the deceased is the owner's family, the release time for the incident occurred shortly after the death of the deceased Miss Chen went to ask a lot of people, some neighbors told them that the deceased is to slit their wrists to commit suicide, and the property told them that the deceased is a sudden death. Knowing that there is such a thing, Ms. Chen immediately asked the agent and asked for a refund, the agent said they did not know, and contacted the owner's daughter, after many communications and consultations with the owner is still not willing to return the house. Ms. Chen said, as a result of buying a house is to take care of her mother, so Ms. Chen especially can not accept the death of the house has occurred, in the knowledge that the owner is more than 70 years old, but also specifically asked the house has not happened anything, but no one to inform her of the relevant events. And the owner's daughter said, have informed, the contract has the relevant provisions of the agreement, the two sides can not reach an agreement, go through the formal legal channels to solve the problem.
(Wen/Guangzhou Daily all-media reporter Liu Liqin)
Lawyer's analysis: the seller, such as the violation of the principle of honesty should be regarded as fraud
Buying a house in the process of encountering such a thing is undoubtedly bad, Guangdong Junhou Law Firm, lawyer Lu Yanzheng, said the "murder house "usually refers to the house has occurred in the house of unnatural deaths, to bring discomfort and fear to the occupants, so that the value of the house depreciation.
The information about a "murder house" is not reflected in the physical qualities of the house, but it can cause negative emotions in the buyer, enough to influence the buyer's decision to buy. Generally speaking, the buyer to buy "murder house" for the seller intentionally conceal the "murder house" information, in fact, contrary to the buyer's true intention. From the principle of good faith and fairness of housing transactions, the seller should have the obligation to disclose the "murder house" information and other negative related information, the seller if the violation of the principle of good faith, should be regarded as fraud, the bona fide buyer enjoys the right to request the court or arbitration organs to change or revoke the contract for the loss of buyers, the seller shall bear the responsibility for damages. The seller shall be liable for damages.
Industry insiders also reminded that buyers can clarify the conditions of the house in the contract, and before making a purchase decision to inquire more about the situation of the owner of the house for sale, such as to the precincts of the police station to understand the situation. At the same time, you can also ask the owner to agree on disclosure clauses in the contract, such as "the owner guarantees that no unnatural deaths, serious criminal cases, etc. have occurred in the house for sale. If the buyer discovers that there have been any of the above situations and the owner has not disclosed them in writing, the buyer has the right to terminate the contract and demand that the owner pay compensation of XX dollars", and so on. Such an agreement can urge the owner to disclose housing information, but also allows the buyer to seek legal remedies in the event of a dispute.
(Wen/Guangzhou Daily all-media reporter Liu Liqin)
Case 2: As long as someone died, it belongs to the "murder house"?
In the past few years, there have been a number of lawsuits involving "murder house". In August of this year, Mr. Luo, a citizen of Qingyuan, Guangdong Province, also tried to use the former owner's wife died of illness in the house and asked for a refund, but the judge's decision rejected Mr. Luo's claim. According to media reports, Mr. Luo learned that the former owner, Mr. Pan's wife, had died of an illness in the house after he purchased it, and for this reason, he sued the original owner in court to rescind the purchase contract and refund the purchase price. Mr. Pan, the former owner, said in court that his wife's cancer had cost the family hundreds of thousands of dollars, and that his wife's death had been communicated to the intermediary, and that the death of the old and the sick did not belong to the "murder house". Qingyuan Yingde City Court of Guangdong Province, after hearing that the defendant's spouse died due to illness, is a normal phenomenon of old age and death, the house in which he lived is not the common sense of the "murder house". On the premise that the house is not a "murder house", the defendant does not need to undertake more disclosure obligations, and therefore rejected Mr. Luo's lawsuit.
Lawyer's analysis: the normal death of a loved one, the owner can not inform
There is no legal definition of "murder house", the judicial practice will be a certain period of time there has been a suicide or homicide and other human factors caused by the unnatural death of a person, resulting in the general public in the normal transaction circumstances usually do not want to buy a house. Transaction situation is usually not willing to buy the house called "murder house"; not all the death of a person's property can be called "murder house". Qingyuan People's Court judge's judgment in reason, because the birth of old age, sickness and death of every family in society will encounter, is a normal social phenomenon, do not need special tips.
Guangdong Province, Guangdong Province, Green Law Firm Yang Jinna suggested, such as physical defects in the house, the house has occurred suicide, murder cases and other factors, belonging to the owners must disclose the content, if the buyer later found that it may be due to the "concealment of material information" and need to be responsible for the second-hand houses in the occurrence of normal old age and illness do not belong to the "murder house". The first thing you need to do is to get a good deal on a new home, and that's what you're going to need to do.
Case 3: Neighborhood disputes, the owner of the end of the lawsuit that put the plate
Fan (a pseudonym) and downstairs neighbors in the previous lawsuit, downstairs neighbors sued her house leakage led to the owner of the house ceiling water stains, requiring tens of thousands of dollars in repair compensation. Eventually, in the judge's mediation both sides signed a statement, Ms. Fan to nearly 50,000 yuan to end the lawsuit. The neighbor promised not to file another lawsuit in the future. The owner of the property released the property immediately after the settlement of the lawsuit, and she intends to send a notification letter to the buyer before the buyer signs the contract, informing the buyer of the previous lawsuit with the neighbor and stating that the new owner has nothing to do with any future disputes with the neighbor. Ms. Fan told reporters that this notice is "insurance", but also a "disclaimer" to avoid the sale of the house during or after the sale of the neighborhood disputes and then put themselves through the pain of the lawsuit. If you are faced with a neighbor's malicious lawsuit during the sale or after the sale, this notice can serve as a "shield".
Lawyer's analysis: the former lawsuit has been closed, after the transfer of their own
Guangdong Province, Green Law Firm, Yang Jinna Lawyer, told reporters that in the sale of second-hand housing, like Ms. Fan such as the way to inform the book of the initiative to disclose the past history of the homeowner, is not common. She informed the book, can play the role of "exemption". But this exemption is a legal requirement, even if she does not write a notice, after the sale of the house, due to neighboring rights disputes arising from the responsibility of the new owner.
Article 83 of the General Principles of Civil Law stipulates that all neighboring parties to real estate shall, in accordance with the spirit of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly deal with the interception of water, drainage, access, ventilation, lighting, and other aspects of the neighboring relationship. If any obstruction or damage is caused to the neighboring parties, they shall stop the infringement, remove the obstruction and compensate for the damage. Article 92 of the Property Law stipulates that: the real estate right holders shall try to avoid causing damage to the neighboring real estate right holders by utilizing the adjacent real estate for the purpose of water, drainage, passage, and pipeline laying; if the damage is caused, compensation shall be paid.
According to the above legal provisions, due to the neighboring relationship is the responsibility of the real estate rights holder, Ms. Fan's previous disputes have been closed, so Ms. Fan to do so is redundant. If the house leaks again after the transfer of property rights, the new owner, not Ms. Fan, should be held responsible.
Tips: buyers should see more questions, sellers should be informed of significant information
In the first-hand housing sales department will see the planning and environmental disadvantages of informing the book, second-hand buyers in the purchase of second-hand housing, how to rule out the disadvantages? Legal advice, the purchase of second-hand houses, if you want to exclude planning and environmental disadvantages, first of all, you need more field to see the house, and it is best to be able to look at the day, night, sunny days, after the rain, to observe the housing light, noise and other aspects of the situation; secondly, visit the surrounding neighbors, to the surrounding neighbors to ask more, listen to the surrounding residents of the living experience, if there is a relevant disadvantage, in the chat also It is possible to find out in time.
Real estate sources said, the second-hand homeowners honestly disclose the past history of the house, such as once involved in neighborhood disputes and the court, indeed may become a barrier to the transaction.
And for the party selling the house, Yang Jinna lawyer said, the General Principles of Civil Law, Article 7 states: civil subjects engaged in civil activities, should follow the principle of good faith, upholding honesty, and abide by their commitments. If there are important matters related to the conclusion of the contract, such as the physical defects of the house or the house for sale has been the occurrence of unnatural deaths, serious criminal cases and other circumstances that may lead to the buyer's psychological uneasiness, according to the principle of good faith principle of the "General Principles of Civil Law" stipulates that the owner is obliged to inform.
If the buyer decides to buy the house even though the owner has issued a letter of notification to the buyer informing him of the physical defects of the house or of the vicious incidents that have occurred, then in this case, after signing the contract for the sale of the house, the buyer can no longer demand the cancellation of the contract due to the existence of such unfavorable factors in the house. If the owner has not informed the buyer of the unfavorable factors affecting the transaction before the sale, the buyer can claim for rescission of the contract on the grounds of fraud and compensation for damages.
As for the natural death of an elderly person or the death of a normal disease, it is a factor that the owner may or may not have informed the buyer.