The owner should know which one must be said?

Anyone who has bought a real estate knows that in a first-hand project, the developer needs to inform about the unfavorable or uncertain factors around the project, and usually makes conspicuous publicity in the corner of the sales department, which is also a key point of inspection by the government supervision department. For second-hand housing, it is a transaction between natural persons, and the surrounding environment is relatively mature. Buyers can eliminate unfavorable factors such as lighting and noise by looking at the house in different periods, but some factors may not be found with the senses. In the history of second-hand housing in the past, the owners were afraid to tell the whole story to hinder the transaction. So, what must the owners say, what can and cannot be said?

Text/Figure Guangzhou Daily All-Media Reporter Li Fenghe (except signature)

Case 1: The owner is dishonest. Can I check out if I buy a haunted house?

Despite repeated vigilance, I bought a "haunted house". Miss Chen (a pseudonym) recently encountered such troubles. A few days ago, due to the ineffective communication with the seller, Miss Chen could only take the road of litigation.

Miss Chen had to undergo many treatments and operations because of her mother's cervical vertebra fracture in a car accident. In order to take care of her mother who is still paralyzed in bed, considering the high medical level in Guangzhou and the convenience for her cousin to work in Guangzhou, she decided to move her family to Guangzhou. On 20 17, Miss Chen has transferred her household registration to a collective household in Guangzhou, and she is eligible to buy a house. In order to buy a house in Guangzhou, Miss Chen's parents sold the house in their hometown 1.27 million yuan. In June this year, under the recommendation of the intermediary, Miss Chen went to Panyu District to look at the building and took a fancy to a 76-square-meter two-bedroom apartment. The house price was 210.3 million yuan, and it was finally sold at 210.2 million yuan. At the beginning of August, both parties completed the transfer transaction and delivered the house at the end of August. On the day of delivery, Miss Chen's family was surprised to learn that someone died in this house a few months ago. The deceased was the owner's family. Shortly after the incident, Miss Chen asked many people about the cause of death of the deceased. Some neighbors told them that the deceased committed suicide by cutting his wrist, while the property told them that the deceased died suddenly. After learning about this, Miss Chen immediately asked the intermediary and asked to return a house. The intermediary said that she didn't know and contacted the owner's daughter. After many times of communication and consultation, the owner still refused to return a house. Miss Chen said that because she bought a house to take care of her mother, she could not accept the death of the house in particular. When she learned that the owner was an old man in his seventies, she also asked if there was anything in the house, but no one told her about it. The owner's daughter said that she had been told that there were relevant clauses in the contract, and the two sides could not reach an agreement, so it was better to solve it through formal legal channels.

(Text/Guangzhou Daily, all-media reporter Liu Liqin)

Lawyer's analysis: If the seller violates the principle of good faith, it should be considered as fraud.

It is undoubtedly bad to encounter such a thing in the process of buying a house. Lu, a lawyer of Guangdong Law Firm, said that a "haunted house" usually refers to a house where an abnormal death occurs in the house, which brings discomfort and fear to the residents and leads to the depreciation of the house.

The information of "haunted house" can not be reflected by the physical quality of the house, but it can cause negative emotions of buyers, which is enough to influence buyers' purchase decisions. Generally speaking, the buyer's purchase of "haunted house" is mostly caused by the seller's deliberate concealment of "haunted house" information, which actually violates the buyer's real intention. Starting from the principle of good faith and the fairness of housing transactions, the seller should have the obligation to disclose negative related information such as "haunted house" information. If the seller violates the principle of good faith, it should be regarded as fraud. If a bona fide buyer has the right to request the court or arbitration organ to modify or terminate the contract, thus causing losses to the buyer, the seller shall be liable for damages.

Insiders also reminded that buyers can specify the conditions of the house in the contract, and ask the owner about the sale of the house before making a purchase decision, such as going to the police station in the jurisdiction to understand the situation. At the same time, the owner can also be required to stipulate information disclosure clauses in the contract, such as "the owner guarantees that there have been no abnormal deaths or serious criminal cases in the houses sold." 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 ask the owner to compensate XX yuan. 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.

(Text/Guangzhou Daily, all-media reporter Liu Liqin)

Case 2: As long as someone dies, it is a "haunted house"?

In recent years, there have been some lawsuits involving haunted houses in various places. In August this year, Mr. Luo, a citizen of Qingyuan, Guangdong Province, also tried to return the house on the grounds of the death of the wife of the former owner in the house, but the judge ruled that Mr. Luo's appeal was rejected. According to media reports, after purchasing the house, Mr. Luo learned that the wife of the original owner, Mr. Pan, died of illness in the house. So, he went to the court to sue the original owner to cancel the purchase contract and return the purchase price. Mr. Pan, the former owner, said in court that his wife had spent hundreds of thousands of yuan for her family because of cancer, and the intermediary had told her that her death was not a "haunted house" after learning of her death. After hearing the case, yingde city Court in Qingyuan, Guangdong held that the death of the defendant's spouse was a normal phenomenon of physical illness and death, and the house where he lived was not a "haunted house" in the popular sense. On the premise that the house is not a "haunted house", the defendant does not need to bear more obligation to inform, so he rejected Mr. Luo's claim.

Lawyer's analysis: the owner can't tell his loved ones to die normally.

There is no legal definition of "haunted house". In judicial practice, houses caused by human factors such as suicide or murder in a certain period of time are called "haunted houses", which makes ordinary people usually reluctant to buy under normal trading conditions. Not all dead properties can be called "haunted houses". The judgment of the judge of Qingyuan People's Court is reasonable, because every family in the society will encounter illness and death, which is a normal social phenomenon and does not need special tips.

Yang Jinna of Guangdong Green Law Firm suggested that the physical defects, suicides and murders in the house should be disclosed by the owners. If the buyer finds out later, he may have to bear the responsibility of "concealing important information", and the normal illness and death in the second-hand house does not belong to the "haunted house".

Case 3: Neighborhood dispute occurs, and as soon as the lawsuit is over, the owner issues an offer.

Ms. Fan (pseudonym) fought a lawsuit with her neighbor downstairs. Neighbors downstairs sued her for water leakage, which caused water marks on the ceiling of the owner's house and demanded tens of thousands of yuan for maintenance compensation. Finally, under the mediation of the judge, the two sides signed a written statement, and Ms. Fan settled the lawsuit with nearly 50,000 yuan. In the affidavit, the neighbor promised not to file any related lawsuits in the future. After the lawsuit was settled, the owner immediately made an offer. She intends to send a notice to the buyer before signing the contract, informing the buyer of the previous lawsuit with the neighbor, and stating that all disputes between the new owner and the neighbor in the future have nothing to do with herself. Ms. Fan told reporters that this notice is "insurance" and an "exemption clause" to avoid the pain of going to court because of neighborhood disputes during or after the sale of the house. This notice can act as a "shield" if you encounter malicious litigation from your neighbors during and after the sale.

Lawyer's analysis: the previous lawsuit has been closed, and it has nothing to do with itself after the transfer.

Lawyer Yang Jinna of Guangdong Green Law Firm told reporters that in the sale of second-hand houses, it is rare for owners like Ms. Fan to take the initiative to disclose the past history of their houses by announcement. Her notice can play the role of "exemption". However, this immunity is provided by law. Even if she doesn't write a notice, after the house is sold, the responsibility arising from the dispute over neighboring rights will be borne by the new owner.

Article 83 of the General Principles of Civil Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of facilitating production, life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss. Article 92 of the Property Law stipulates that the real estate owner uses the adjacent real estate for water use, drainage, traffic, pipeline laying and other activities. , he should try his best to avoid causing damage to the adjacent real estate owners; If damage is caused, compensation shall be made.

According to the above-mentioned legal provisions, it is the real estate obligee who bears the responsibility for the adjacent relationship, and Ms. Fan's previous dispute has been closed, so it is unnecessary for Ms. Fan to do so. If the house leaks again after the ownership transfer, then the responsibility should be borne by the new owner, not Ms. Fan.

Tip: Buyers should read more and ask more questions, and sellers should tell important information.

In the first-hand housing sales department, you will see notices of planning and environmental unfavorable factors. Second-hand housing buyers in the purchase of second-hand housing, how to eliminate unfavorable factors? Legal people suggest that in order to eliminate the unfavorable factors in planning and environment, we should first go to the field to see the house, preferably during the day, night, sunny day and after rain, and observe the lighting and noise of the house. Secondly, visit the surrounding neighbors, ask them more about their situation and listen to the living feelings of the surrounding residents. If there are related unfavorable factors, you can also find them in time during the chat.

Real estate sources said that second-hand housing owners honestly disclose the past history of their houses, such as going to court when they are involved in neighborhood disputes, which may indeed become an obstacle to transactions.

For the seller, lawyer Yang Jinna said that Article 7 of the General Principles of Civil Law stipulates that civil subjects should follow the principle of good faith, adhere to good faith and keep their promises. If there are important matters related to the conclusion of the contract in the real estate, such as physical defects in the house or abnormal death or serious criminal cases in the house sold, it may cause the buyer's psychological anxiety. According to the principle of good faith in the general principles of civil law, the owner has the obligation to inform.

If the owner sends a notice to the buyer in advance to inform the buyer of the physical defects of the house or the vicious incident that has occurred, the buyer still decides to buy it. In this case, after the house sales contract is signed, the buyer can no longer ask for the termination of the contract on the grounds that there are unfavorable factors in the house. If the owner fails to inform the buyer of the unfavorable factors affecting the house transaction before the sale, the buyer may demand to cancel the contract and compensate for the losses on the grounds of fraud.

As for the natural death and normal death of the elderly at home, it is a factor that the owner can tell.