Analysis Of Legal Problems In The Sale And Purchase Of “Haunted House”

The “fighting house” sales contract dispute is a special case in the second-hand housing transaction dispute,because the house is “fierce”.Through a number of case studies,this paper concludes that the core controversy of such cases in practice is the definition of “haunted house”,the obligation to disclose information on “haunted home”,and how to compensate for such disputes.There is no uniform regulation on the definition and scope of the “haunted home”,so there is controversy in practice.It is generally believed that the combination of cause of death,time factor and location factor can lead to the scope of “haunted house”.This paper argues that the cause of death,time factor and location factor are not enough to summarize the common category of “haunted house”.It is a huge psychological pressure on people.Therefore,it is necessary to add socially rational human factors.Secondly,it is also a suicide situation.The old and the young commit suicide.The fierce situation cannot be equated.Therefore,the age factor of the deceased is very important.The “dead man”is younger,and the impact on the psychology of the inhabitants is greater.Through the analysis of the court's judgment documents,whether the “haunted house” is determined or not is closely related to whether the buyer's appeal can be supported by the court.Usually,the seller holds all the information about the house he sells.In the process of entering into a contract with the buyer,not all information needs to be disclosed,but the historical information of the house,that is,the “haunted house” information is in compliance with the law.The important facts are related to the conclusion of the contract,and the seller is in a position of information superiority compared to the buyer,therefore,the seller has the obligation to disclose the information.Once the seller violates,it constitutes fraud,which is also the reason for the cancellation of the sales contract in a large number of “haunted home” disputes in practice.In practice,some parties have revoked the contract for the sale of houses based on major misunderstandings.Some scholars believe that in this kind of dispute,the buyer has misunderstood the contents of the contract.After the argument,the buyer constitutes a wrong motive,and the major misunderstanding excludes the wrong motive.However,there are exceptions.When the nature of the subject matter has become the meaning of the meaning,the wrong motive can also lead to the revocation of the contract,which is also the reason that can support the buyer to cancel the contract.With the booming development of real estate,housing intermediaries play an important role as a bridge between buyers and sellers.Therefore,this paper argues that the intermediaries also have the obligation to disclose the information of “haunted home”.The breach of the disclosure obligation of the house history information constitutes fraud,and the buyer can sue the cancellation of the house sale and purchase.There are two views in the academic world on the scope of compensation for reliance interests.One believes that only direct damages are compensated,and the other argues that both direct losses and indirect losses are compensated.At this time,it involves the consideration of the value-added part of the house price.The value-added part of the house is an indirect loss and should be compensated.If the "haunted house" involves the evaluation of the quality of the house,which constitutes a defect,the seller delivers the house without the knowledge of the buyer.The buyer may claim the guarantee liability and request damages for breach of contract.For the embarrassing,although the domestic law does not explicitly mention the word of defect,the "Contract Law" stipulates the standard confrontation of subjective and objective,while the Taiwan area mainly discusses the reduction of transaction value and the impairment of utility value.Therefore,the "fighting house" constitutes a defect,the seller bears the responsibility for theguarantee,and the buyer can claim damages.According to the general opinion,the damage compensation at this time is the damage for breach of contract,and the difference between the value-added housing belongs to the expectable interest,the buyer can claim compensation for the value-added benefits of the house.In addition to damages,under the guaranty liability,the buyer can also request to reduce the price and protect their own interests.