Legal Regulation Of Disputes Over "Haunted House" Transaction

The main body of this article can be divided into six parts.The first part explores the legal definition of “haunted house”.In order to ensure the predictability of the referee's results,the term "murderous house" should be closed-ended and limited as following: A house that has had an unnatural death from suicide,homicide or accidental death in its exclusive parts.The second part demonstrates the legitimacy of the judicial application of the concept of “haunted house”.It is not against the Marxist philosophy for judges to use the concept of “harem house” to try cases.The concept of “haunted house” can be incorporated into the judicial decision because its socio-cultural influence since ancient times has made it possess the characteristics of folk rules.The concept of“haunted house” belongs to good customs,which is the foundation of legitimacy of the seller's obligation to inform the information burden of that house.The third part demonstrates and analyzes the obligations of sellers and intermediaries to disclose the information of “haunted house”.For the buyer,the information of the “haunted house” is of importance.When the seller has the possibility of disclosure of the information and the buyer has a trust in the seller's disclosure,the seller should bear the obligation to inform.In the chain transaction of house,the seller who is the buyer of the former hand generally does not bear the obligation to investigate the real information of the house.In different circumstances,the subjective status of the seller's failure to perform the obligation to inform is also different.For the intermediaries,they should truthfully inform the buyer of the housing information they have mastered,and the profit-seeking ones should also bear the obligation of active investigation.The fourth part analyzes the various damages suffered by the buyer and the calculation of those damages.The damages suffered by the buyer can be divided into the payment of the price exceeding the market price of the “haunted house” and the loss of the available benefits.The calculation of damage should be based on the results of the evaluation of the professional assessment agency.When the professional assessment is not available,the damages shall be determined by the discretion of the court.The court's discretionary limit is around 20% of the market price of similar normal housing.The fifth part analyzes the seller's responsibility according to the relief effect that the buyer wants to achieve and the subjective status of the seller.The final conclusion is that the seller should bear the liability for defects in the property when the contract is concluded,and bear the liability of Culpa In Contrahendo when the contract is not signed.The sixth part analyzes the responsibility of intermediaries in different subjective status.In order to strike a balance between protection of the interests of the buyer and the responsibility of the intermediary,the loss suffered by the buyer due to the failure to perform the obligation of notification should be defined as tort liability.