Purchasing a new house has always been a vital event in China. Chinese people pay attention to Feng Shui. When it comes to the Feng Shui of a house, it is not said that you can choose a good location, but you cannot choose a Feng Shui. Poor places are also the wish of Chinese people when buying houses. For developers, when choosing the geographical location, house type and orientation of construction, they will more or less incorporate some Feng Shui elements to cater to the needs of the Chinese people. consumers and respect their purposes. For most ordinary home-buying consumers in China, as mentioned at the beginning, they actually do not expect developers to pay much attention to Feng Shui when selecting sites, designing and building, and their only requirement may be the quality of the houses they purchase. Feng shui will not be too bad. For example, it will not be chosen in a crematorium or cemetery, which is a place where yin energy gathers in the Chinese concept. Therefore, if a consumer has worked hard for many years to buy a house with his hard-earned money, but finds that it is time to move out. It turned out to be the purpose, so no matter who it was, it would be absolutely unacceptable.

For example, in Wuhan City, Hubei Province, another incident occurred where the developer failed to inform consumers that there was an unfavorable environment around the house, namely a cemetery, and the consumers did not fully understand the surrounding environment before purchasing the house, causing consumers to They directly purchased commercial houses with purpose in the surrounding area, but after moving into the new house, consumers discovered that they had purchased a tomb-view house. From a common sense point of view, the current price of a house ranges from 500,000 to 600,000 yuan to over one million Even tens of millions, working hard for most of your life to buy a tomb-view room is unacceptable to anyone. This has also led to a common topic, that is, how should consumers protect their rights after discovering that they have purchased a tomb-view room, and whether relevant parties will support them if they want to terminate the contract and check out. The way consumers want to safeguard their rights is to file a lawsuit with the People's Court, and file a lawsuit with the People's Court against the developer's breach of contract under relevant conditions, requiring the developer to compensate or terminate the purchase contract and check out. However, there are many factors that affect the success of the lawsuit. For example, it is necessary to determine whether the contract signed with the developer clearly states the developer's disclosure obligations and the consequences of breach of contract, and the court must also determine whether the developer's breach of contract is a "significant breach of contract". Only if these are met can there be any chance of checking out. Possibility, but even so, from the principles of encouraging transactions and the historical verdicts of such incidents, most consumers lose the case

Because for the vast majority of developers, the cemetery around the house They are all outside the scope of the "red line" of housing development. Therefore, developers have no development rights and no obligation to notify the environment outside the scope of the red line. This is indeed legal in terms of relevant laws. Therefore, consumers can only pay more attention when purchasing a house. Note, try to indicate the developer's disclosure obligations in the contract, that is, the developer is obliged to inform consumers of the adverse environment surrounding the house, and indicate the consequences of failure to fulfill the disclosure obligations, such as compensation and check-out. Here In this case, if the developer deliberately conceals the facts, it may result in a breach of contract. There is a relevant legal basis for this:

Article 562 of the Civil Code also provides for this. If the buyer and seller stipulate in the commercial housing pre-sale contract that the developer should notify the unfavorable environment and planning factors within and outside the red line, if such notification obligations are violated, the buyer can terminate the contract.

This law will come into effect in January next year, but generally speaking, it is basically impossible to only require developers to check out because there are other legal provisions:

《 According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases concerning Disputes over Commercial Housing Sales Contracts, only the description and promise made by the seller regarding the houses and related facilities within the scope of the commercial housing development plan shall be specifically determined, and the commercial housing sales contract shall Only if it has a significant impact on the conclusion of the contract and the determination of the price of the house, it should be regarded as an offer.

Article 94[4] of the "Contract Law" (Article 563 of the "Civil Code") stipulates the legal right to terminate a contract and the "Supreme People's Court on the Trial of Sales Contract Dispute Cases" According to Article 25[5] of "Interpretation of Applicable Legal Issues", when the purpose of the contract is achieved, the buyer's claim to terminate the contract solely on the grounds that the developer failed to fulfill its disclosure obligations lacks a sufficient basis for the right to claim.

The meaning of these laws is that the mere fact that the developer fails to fulfill its disclosure obligations and requires check-out does not constitute a condition of breach of contract. In other words, it is basically a loss of the case. At most, the court will rule that the developer has committed a certain breach of contract. Compensation must be made accordingly, and it is basically impossible to terminate the contract based on this. Therefore, the most fundamental way to prevent problems before they happen is for consumers to research the quality of the house and the surrounding environment as much as possible before buying a house, and become familiar with some relevant legal knowledge, so as to avoid damage to their own interests as much as possible.