The man spent 1.57 million to buy the "Murder House" to sue the intermediary and the seller to the court together
Author:Cover news Time:2022.07.28
Cover news reporter Yu Ting
Buying a house in peace, buying a suite in a hard work city may be the goal of many young people who go back and go early. However, I finally went through the house, choosing a house, paying down payment, and getting loans. When I completed these processes, I finally learned from my neighbors that I spent more than 1.57 million yuan in houses I bought more than 1.57 million yuan. Over normal deaths, they wanted to verify and negotiate with the original landlord, but they were hacked.
Recently, Mr. Xiang, Chengdu, encountered such annoyance. It is understood that due to the fruitless communication, Mr. Xiang, who has already brought the original landlord couple and intermediary Sichuan Chainjia Real Estate Broker Co., Ltd. (later referred to as Chainjia Real Estate) to the court, asked the defendant to repurchase the house, and compensated the difference between the rise in house prices and the difference between the rise in housing prices and the difference in the rise in house prices and the difference between the rise in house prices and the rise in housing prices and the difference between the rise in housing prices and the increase in the rise in house prices. Other losses.
Spend 157 million to buy second -hand houses
Ready to marry your girlfriend
On January 19, 2021, it was an important day in life for a guy in "Rongfiao".
After experiencing a long viewing house and selection process, he finally decided to buy a second -hand house in Jinjiang District. The house building area was 84.34 square meters, and the total price was 157,6666 yuan. At that time, Xiangmou worked at Chainjia Real Estate. Out of trust and understanding of the company's service, he decided to complete the transaction process through Chainjia Real Estate. After finalizing some details of the house purchase, Xiao Xiao signed the "Sales and Sales of Stock Housing" with the landlords and wife Zhao Moumou and Liu Moumou, which was transferred to the house. The incident and other matters made a clear agreement, and it was signed by the buyer and seller and the chain company was confirmed.
After the contract was signed, Xiao Xiang paid the seller's down payment to the seller in accordance with the contract, handled the loan, and paid the tax and fees of more than 109,000 yuan to the tax department, paid the intermediary chain real estate of more than 47,000 yuan, and paid the payment. The seller settled the guarantee company of the mortgage loan of 3020 yuan.
On May 25, 2021, Xiao Xiang obtained a certificate of removal property rights for the house. In July, he officially moved into a new home.
Half a year for half a year
Suddenly I learned that what I bought was a "murderer"
However, what Lie Xiaoxiang didn't expect was that the happiness of moving to new residence did not last long.
In March 2022, Xiao learned when chatting with Auntie Cleaning in the community that the house he purchased in mid -August 2019 had an accidental death of a child falling down. At first, Xiaoxiang was still a bit unbelievable, but he asked other neighbors by asking other neighbors in the yard. Many neighbors knew about it.
Xiao Xiang asked the seller through the chain home for the first time, but the couple trib the two, and did not answer positively. When Xiao Xiang wanted to testify to the seller, he found that he was hacked. "I bought this house. I originally thought of getting married as a wedding room this year. After knowing this, my girlfriend and I dare not live at home."
Xiao Xiang said that in the "Chengdu Stock House Sale Contract" provided by the seller and the seller, Article 4, paragraph 5, clearly stipulated, " Normal death incidents (including but not limited to suicide, he kills, falls out of the house, accidental death, etc.). "If the ownership of the house has been transferred," Party B has the right to ask Party A to be transactions in accordance with this contract in accordance with this contract. In the price repurchase, if Party A does not perform, Party B has the right to ask Party A to pay compensation according to the double payment of the house. "
Unsuccessful communication
The landlord's intermediary is sued to the court to ask for "repurchase"
I finally bought my own house, but I didn't dare to live in it alone. I still paid more than 6,000 yuan per month for bank loans. After experiencing the joy of buying a house, Xiao Xiang decided helplessly to the seller's husband and wife. The two and the intermediary chain real estate sued the court together. At present, the Jinjiang Court has accepted the case.
On June 2, 2022, Xiao Xiao sent a lawyer's letter to the seller's husband and wife, asking them to repurchase the house at the time before June 7. At the same time, the taxes paid at the time of compensation, the agency fee, the guarantee fee, and the interest of the repayment of the part of the mortgage loan have been paid.
After receiving a lawyer's letter, the seller replied via WeChat that it was indeed his child died unexpectedly in the house. But the house has not been repurchased so far.
Chain family response:
May "pocket" guarantee can be repurchased according to the purchase price of the house
It is understood that according to the process, during the signing of a housing transaction through the chain home, the staff will read the contract content to both buyers and ask the seller "whether the house has occurred in normal deaths" and other situations, and the housekeeper of the chain real estate house will also be Visit and verify the relevant situation of the house before completing the transaction. However, if the original owner deliberately concealed, or the case of non -normal death occurred, it may also cause the defender to verify in place. Therefore, Chainjia Real Estate also promised that within one year after the transaction is completed, it is a "guarantee period". If there are related problems in houses, Chainjia Real Estate will provide "bottom" guarantees such as repurchase and padding.
On July 26, the cover reporter called the chain real estate on this matter. The relevant staff replied, "The company currently attaches great importance to this matter, and it has also proposed a corresponding solution to Xiao Xiang. Although it has exceeded our one -year guarantee period, However, we still promise to sign an agreement with Xiao Xiang to help Xiao Xiang find a lawyer and assist him to complete the prosecution process. If the seller cannot bear the liability for compensation, the chain real estate will repurchase this house for more than 1.57 million yuan in purchase price of more than 1.57 million yuan. , And return more than 47,000 yuan intermediary service fees. "At present, Xiaoxiang has not agreed to this solution, and still hopes to make up for taxes, loan interest, and house prices on the basis of the litigation to repurchase housing and intermediary service charges through litigation. Wait for other losses.
Lawyer said:
"Integrity" is to claim its own rights according to the contract according to the contract
"People are not faithful, I don't know how to do it." Integrity, as the traditional virtue of the Chinese nation, is the moral standards admired by many literati and ink. The "Civil Code" on January 1, 2021 officially took effect, and also gave the "criticism" of the "integrity" law. Among them, Article 7 stipulates that "civil subjects engaged in civil activities should follow the principles of integrity, uphold honesty, and adhere to their commitments."
On this matter, a cover news reporter also interviewed Shu Zhenyu, a lawyer of Sichuan Hengping Law Firm. He believes that if the original landlord and his wife did conceal the fact that the non -natural death had occurred in the house when signing the contract, first of all, it had violated the honesty of civil law. The principle of credit is denied by the spirit of civil law.
Secondly, the house buying contract signed by the house buying and seller clearly stipulates the responsibility commitment matters when such conditions occur, and the intermediary party is not comprehensive with the work of the house, and there is a fault. You can follow. As for the buyers' requests for other losses such as taxes, loan interest, and rising house prices, it is necessary to see whether there are relevant agreement in the purchase contract signed by both parties. If there is an agreement, the demand is based on it, and the buyer can claim in accordance with the law. If the contract does not clearly agreed on the relevant matters, it can also quote Article 583 of the Civil Code and claims to the seller to bear the liability for damages of breach of contract to seek legal relief.
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