The Comment And Analysis Of The Case That Zhan And Liao Sued Ma For The Dispute Of Haunted Housing Contract

"Haunted house" contract dispute is the product of both the vigorous development of real estate industry and under the background of the increase rigid demand of second-hand house.Liao mou,Zhan mou sued Ma mou for "Haunted house" contract dispute,which is about the housing seller concealed the house the fact of "Haunted house" that led to the buyer thought the sale contract can be revoked and caused the dispute.The core of the dispute in this case mainly focuses on three identification aspects of whether the "Haunted house" constitutes a flawed thing,whether the seller has the obligation to inform the "Haunted house" information to buyer and the nature and effect of signing the sell contract by concealing the "Haunted house" information."Haunted house" means that within a reasonable period of time,the occurrence of suicide,murder and other human factors lead to abnormal death of malignant cases in the house.Taboo "Haunted house" phenomenon is a kind of faith and folklore,it reflects the people's blessing of mitigation and disaster psychology,is the normal value orientation and pursuit of civil society.Relevant disputes caused by taboo"Haunted house" is the belong to the principle of public order and good social customs.At the same time,the principle of public order and good social customs are uncertain and ethical,and cannot be used as the sole basis in the trial,so it should apply with the general terms.In this case,the buyer bought the house is for living,and the pursuit of housing comfort and safety.But "Haunted house" caused by fear,anxiety and other psychological,it on one hand cannot meet the buyer's expectations for the effectiveness of housing.On the other hand,the depreciation rate of similar houses in related market transactions also shows that the information of "Haunted house" has greatly affected the transaction value of houses.Therefore,the "Haunted house" has a more obvious utility and value flaws.According to the subjective and objective evaluation criteria,"Haunted house" is a defective thing,the seller should bear the responsibility of the defective guarantee.At the same time,after affirming the seller's "Haunted house" information disclosure obligations,as the seller deliberately conceal the information of "Haunted house" which has a significant impact on the selling,resulting in the buyer signed the housing sales contract under the missing meaning.Therefore,the behavior of the seller constitutes a silent fraud,the buyer has the right to request to cancel the contract during scheduled period.When the responsibility occurs,the parties may choose a right to claim,The court should make corresponding decision after ascertaining the truth.