Research On The Seller' Obligation Of Information Disclosure In The Sale Of "Haunted House"

In recent years,with the rise of commodity housing prices,second-hand housing transaction volume also rose,but correspondingly second-hand housing sales disputes also rocketed rapidly.In trade of a few second-hand rooms,the seller deny or conceal the fact that the unit had dark secrets like unusual death labeling the building as "haunted house".The buyer enters into a purchase contract without knowing that the house is a "haunted house",so he asks the seller to cancel the contract or compensate for the loss after knowing the information.By studying the cases of "haunted house" transaction disputes in practice,the author finds that there is no useful related reference for this kind of case in China,the same kind of case as lack of unified judgment standards,and there are different opinions on "haunted house" transaction disputes in the academic circle.Different answers on whether the "haunted house" that had an unusual death case belongs to the information disclosure obligation of the seller in the housing sales result in the opposite ruling of "rejecting the lawsuit claim" and "supporting the lawsuit claim" in practice,which makes the buyer fall into the legal relief predicament.The purpose of this paper is focused on the basis of our current laws and regulations,using the method of hermeneutics,folklore,case analysis,comparison and research method of law and economics,argument "haunted" is a kind of traditional social folk custom habits,betray a person to disclose the "haunted" information that has the rationality of the building,and when the seller in violation of the "haunted" information disclosure obligation shall bear the corresponding civil liabilities.The text is divided into the following four parts.The first part is the status analysis of information disclosure obligation of "haunted house".Through the analysis of the current situation of legislation and judicature in China,it can be seen that the obligation of house information disclosure in the current legislation is either too principled or too narrow.The judge of the case relies more on the judge's discretion,and the different understanding of the "haunted house" leads to two diameters of judgments in China's judicial practice: "support the claim" and "reject the claim",and there are different ruling bases in "support the claim".The second part analyzes the rationality of the seller's information disclosure obligation.First of all,by sorting out the scope of "haunted house" and the disputes between "haunted house",superstition and folk customs,it is clear that "haunted house" refers to the house where abnormal death occurs,including suicide,murder and accidental death.And people's taboo on "haunted house" is a custom rather than superstition.Secondly,through the investigation of the legislation or judicial review of the information disclosure obligation of "haunted house" in the United States,Australia,and Taiwan,we can see that the principle of fairness and good faith in the transaction weakens the traditional "buyer beware rule",and the buyer cannot obtain the information of "haunted house" through careful inspection.Therefore,foreign countries directly from the law or from the court cases to admit that "haunted house" information is one of the information the seller should disclose.Finally,From the information asymmetry theory of information economics,the transaction cost of new institutional economics and the theory of human behavior limitation,as well as the principle of good faith and fairness of jurisprudence,this paper argues that the seller should disclose the information of "haunted house" that seriously affects the conclusion of house purchase contract.The third part,the seller violates the contract liability of "haunted house" information disclosure.Firstly,the importance of the information of "haunted house" to the buyer's conclusion of the housing sales contract indicates that the seller should disclose the information before the conclusion of the housing sales contract.Secondly,The seller intentionally conceals the information of the "haunted house" of the house or denies the information of the "haunted house" of the house,which violates the principle of good faith,violates the information disclosure obligation of the contract and constitutes fraud.Finally,The revocation right caused by the seller's violation of the obligation of information disclosure and the liability for contracting negligence are complementary and cohesive.Vendee is based on fraudulent cancel building business contract,after the contract is invalid from beginning,by selling a person to assume contracting fault responsibility,compensatory vendee trusts the loss of intere.The fourth part,the seller violates the "haunted house" information disclosure obligation of the flaw guarantee liability.First of all,the "haunted house" leads to the decline of people's sense of living,which leads to the house price lower than the price of normal houses.Secondly,when the seller violates the obligation of information disclosure to deliver the house with defects of "haunted house",it constitutes the guarantee liability of defects.The buyer can claim the right to terminate the contract,reduce the price or claim for damages based on the effective housing sales contract.Finally,it demonstrates the relationship between the liability for contracting fault and the liability for guaranteeing defects arising from the seller's violation of the information disclosure obligation of "haunted house".When the seller deliberately violates the information disclosure obligation of the "haunted house",it constitutes the co-optation between the liability for contracting fault and the liability for guaranteeing defects.When the seller negligently violates the information disclosure obligation of "haunted house",the seller shall bear the liability of warranty for defects.