Study On Seller's Obligation Of Information Disclosure In Housing Purchase

In modern society,information is the basis for the parties to conclude contracts.Only on the basis of sufficient information can the agreement truly express the intentions of both parties.However,due to the particularity of the house,the buyers and sellers of the house are actually in the asymmetric position of information,which is most prominent in the field of "second-hand house" transaction.The seller of "second-hand house" is sitting on a large number of substantive information related to the house,while the buyer only knows a certain amount of public information.Because the buyer is bound by the seller's absolute information superiority,he has to bear the risk in reality.This paper mainly studies how to set the obligation of information disclosure for the information dominant parties in the "second-hand housing" transaction,so as to achieve the relative equality of the two parties in the amount of information possession,so as to realize the substantive fairness of the contract in the field of "second-hand housing" transaction.Due to the imperfect legislation of information disclosure obligation in the Contract Law of our country,there are many problems to be solved urgently in the legal regulation of seller's information disclosure obligation in the house sale contract,such as vague content of seller's information disclosure obligation in the house sale,lack of time limit for performance,unclear way of performance,imperfect legal liability mechanism of seller's breach of information disclosure obligation,etc.Based on the current legal environment in China,it is necessary to study the main content of seller's information disclosure obligation,performance period,performance mode and accountability mechanism from a theoretical point of view,so as to provide useful guidance for judicial practice.Through investigating the legislation and judicial practice of the seller's information disclosure obligation in housing sale in the two major legal systems,and through comparative analysis,this paper summarizes the enlightenment for perfecting the seller's information disclosure obligation system in the field of housing sale in China,and combines with the existing laws and regulations of housing information disclosure in China,studies and analyses that the seller's information coverage in housing sale should be expanded.The main contents of the disclosure obligation include the historical information,environmental information and neighboring relationship information of the house;the time limit for fulfilling the seller's information disclosure obligation in the house sale should be set;the diversified information disclosure mode should be adopted for different parties to choose;and the accountability mechanism for the seller's violation of the information disclosure obligation in the house sale should be further improved.Through the system of seller's obligation to disclose information in the contract of house sale,this paper aims to solve the problem that the law is not uniform when the seller violates this obligation in practice,so as to provide a feasible analytical threshold for the protection of buyer's rights in the contract of house sale.