At present, the trade dispute of second-hand house increases, among them very big part of the reason lies in the house purchaser does not totally understand the situation of the house , under telling the situation consciously or unconsciously of persons who sell house, the flower is wronged the money, get into the gloomy thing, buy house and buy the trouble of " a basket ".
Happy lawyer's office king, monarch of Shanghai, lawyer say actual life produce house property of dispute case too numerous to mention because of lacking the investigation eastwards. Such as in he is once the case of hands, the buyer found after obtaining the card of producing , had ownership of houses though oneself, it live still but wife and children of seller at this house, know owner not original because of debt problem to. Though speaking from the legal meaning the buyer has already become owners , in a situation that there are no other houses to find a room for the original owner family members, very difficult to bring back to the house to use incomes to punish. Some cases are more general: The house is before selling, the seller had already signed the long-term lease with others, seeing that bought and sold and did not break the principle leased , the lease contract still needs to continue fulfilling, the buyer has bought the house in ignorant cases, it was unable to live by oneself later .
The media has still reported a dispute case: " haunted house " case of the first of Heilongjiang Province will be tried publicly in 2004, because hang oneself remakably on the house balcony where the normal price will be bought, the buyer is on the grounds that it causes very great injury that the seller conceals the situation , body and mind to her on purpose while selling house, bring a lawsuit to the court against seller. The seller is sentenced to returning 4 house purchase funds of the buyer finally. 20,000 yuan winds up the case.
The above-mentioned cases remind us , the house purchaser should make investigation to " previous existence this life " of the house more before buying house, so as to ensure that one's own rights and interests are not encroached on . Previous existence: If the right flaw exists in the house , the property right is clear, whether the mortgage exists; People's situation lives in front of the house , someone's unusual death ,etc.. This life: Whether for instance the house is defective in quality, whether the crack appears , leak and subside etc.; House someone live , inhabit people's present situation , a long-term lease waits instantly.
The so-called right flaw , the definition in law is: The ownership of the thing bought and sold is incomplete or the right is limited. Such as involving the property right question, the real estate trade center that can reach the house site inquires. And other situations can only be ask more , see , to on-site inspection of the house more by persons who buy house, can ask about to the residents committee of the street , neighbour , can divide and does not go to check the situations , such as Rizhao , noise of the house ,etc. with period , study " SherlockHolmes ", select the house of the kind appearance .