Legal identification of haunted house

1 First of all, we need to define the concept of "haunted house" and what is a "haunted house". As we all know, this is not a legal concept, but a popular word. Baidu Encyclopedia's explanation is unlucky or haunted houses, and there are also "four haunted houses". In judicial practice, the "haunted house" involved in current real estate disputes generally refers to abnormal death accidents such as death or serious injury in the house;

2. So, as long as there is a death or serious injury accident in the property, can the buyer claim to cancel or terminate the contract on the grounds of "haunted house"? According to the existing search cases, even if the house seller fails to tell the buyer truthfully, it does not constitute the reason for the buyer to claim to terminate the contract. The main reason is that birth, old age, illness and death are normal physiological phenomena, unless the buyer has this taboo, when buying a house, he clearly puts forward this point and asks if there is any corresponding situation in the transaction property, and the seller deliberately hides it. For the abnormal deaths in the transaction real estate: including accidents such as murder, suicide or gas poisoning, based on the concept of normal people, such situations will cause discomfort, affect their physical and mental health, fail to achieve the purpose of buying a house and living, and seriously affect the subsequent market circulation and transaction value of the real estate, so request to cancel or terminate the contract and give more support;

3. Whether the murder or abnormal death around the transaction property (such as neighbors, such as upstairs) can constitute the reason for canceling or canceling the real estate transaction. Although the purchase of real estate as a property buyer is not only the purchase of real estate itself, but also the surrounding environment, including greening, parking spaces, transportation, medical care and so on. It also includes the general public's evaluation of specific property. If there is an abnormal death accident around the property, although it is difficult to demonstrate the impact on the value of the property, it will have certain obstacles to the physical and mental comfort of living and the circulation of the property. Suppose you are interested in buying Room 60 1 on the sixth floor of a building. At this time, someone tells you that a murder happened in Room 602 next door. Will it affect your purchase intention? The answer is self-knowledge. However, judging from the current cases, it is difficult to get support in the practice of advocating the dissolution of the real estate sales contract in this case. On the one hand, the seller may not know the abnormal death information around the transaction property, on the other hand, it is not directly related to the transaction property. Moreover, this is a very vague evaluation. In the seized case, there was a falling object on the lawn in front of the master bedroom window of a purchased property, but the court rejected it on the grounds that it was not directly related to the property in this case.

4. In addition, whether the owner of the house can claim compensation from the responsible party for the depreciation of the property value caused by the abnormal death accident of the traded property, according to a case retrieved so far, A rented the house to B, and B subletted it to C without the consent of A, and then C died abnormally in the house, and A sued B to claim the depreciation of the house. The result of the judgment was that the court recognized A's appeal, but it could not prove the derogatory value, and finally decided as appropriate. In this case, our lawyers think that it is no problem to advocate derogatory claims first. In the normal house transaction, if A reveals the abnormal death in the house, it is difficult to complete the transaction unless there is a considerable discount on the transaction price compared with other houses in the same family. But to claim losses, unless the following conditions are met at the same time, the house of the same apartment has been sold recently and has a reference price. A sells the house at a discount, and the difference is claimed to the responsible party as derogatory value, otherwise the court can only make a judgment as appropriate.