Can homebuyers check out and claim compensation after years of discovering a grave above their living room and digging out their bones? Lawyer's interpretation

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Recently, a news that "a woman who has been buying a house for many years found out that there is a grave above the living room and even dug up bones" has attracted widespread attention. According to the police report, the incident is under further investigation. Setting aside the surface of curiosity, this dispute touches on an extremely sensitive area in the buying and selling of houses - whether buyers can claim to vacate or claim compensation when there are significant hidden defects in the house? Does the seller's concealment of such information constitute fraud? As a homebuyer, how can we use legal weapons to protect our rights and interests?

From a legal practice perspective, the core disputes in such cases usually focus on three points: first, whether the "cemetery" information is a significant matter that the seller must disclose; Secondly, can the buyer terminate the contract based on this; The third is whether the scope of compensation includes mental damage and depreciation of the house.

1、 Does the seller's concealment of "cemetery" information constitute legal fraud?

Article 148 of the Civil Code of the People's Republic of China stipulates: "If one party uses fraudulent means to cause the other party to carry out a civil legal act that goes against their true intention, the defrauded party has the right to request the people's court or arbitration institution to revoke it." Article 149 provides for the situation of third-party fraud.

In the sale of a house, the seller has an obligation to truthfully disclose the physical condition, rights status, and surrounding environment of the house. If the seller knowingly conceals the existence of graves or corpses beneath or in the vicinity of the house, resulting in the buyer signing the contract and paying the consideration without knowledge, this may constitute legal fraud.

In judicial practice, the court usually considers several factors to determine whether fraud has been committed: whether the seller knew the information, whether the information was sufficient to influence the buyer's purchase decision, and whether the seller engaged in active concealment behavior. Specifically, in this case, if the tomb existed before the construction of the house, or if the seller was aware of it during their residence, there is a high possibility that their concealment behavior will be deemed fraudulent.

It should be noted that even if the seller claims to have "no knowledge of it", if the information is a fundamental fact that affects the transaction, the court may, based on the principle of good faith, determine that the seller has not fulfilled its reasonable disclosure obligation and support the buyer in terminating the contract.

2、 What rights can homebuyers claim? Check out, compensation or mental damages?

Once it is determined that the seller has committed fraud or fundamental breach, the rights that the buyer can claim mainly include the following categories:

Firstly, request the revocation or termination of the contract, and demand the return of the purchase price and interest. According to Article 157 of the Civil Code, after a civil legal act is invalid, revoked, or determined to be ineffective, the property obtained by the actor as a result of the act shall be returned.

Secondly, advocate for breach of contract liability. If there is a guarantee clause regarding the condition of the house in the contract, the seller's violation constitutes a breach of contract. According to Article 577 of the Civil Code, if one party fails to perform its contractual obligations or does not perform its contractual obligations in accordance with the agreement, it shall bear the liability for breach of contract, such as continuing to perform, taking remedial measures, or compensating for losses.

Thirdly, advocate for the loss of housing depreciation. The impact of such events on the value of houses is usually significant, and buyers can apply to professional appraisal agencies to assess the depreciation of the market value of houses and demand compensation for the price difference from the seller.

Fourth, advocate for compensation for mental damages. This is controversial in practice. According to Article 1183 of the Civil Code, if the infringement of the personal rights and interests of a natural person causes serious mental damage, the infringed party has the right to request compensation for mental damage. If the buyer suffers severe mental distress due to the incident and can prove that the seller's behavior is clearly at fault, the court may support it at its discretion.

In addition, if the seller's behavior is suspected of a criminal offense, such as fraud, the buyer can also report it to the public security organs.

3、 What are the difficulties in providing evidence when encountering "haunted houses" or similar defects when buying a house?

The biggest difficulty in such cases lies in providing evidence. Buyers need to prove that the seller was aware of the information, did not disclose it, or that the information had a significant impact on the transaction.

In practice, lawyers usually collect evidence from the following perspectives: reviewing building construction archives, gathering information from surrounding residents and village committees, retrieving police response records, applying for on-site inspections, and commissioning professional institutions for geological exploration. In this case, the fact that the police reported and the bones were excavated at the scene itself is extremely favorable evidence.

Another key point is the statute of limitations for litigation. Article 188 of the Civil Code stipulates that the statute of limitations for filing a lawsuit to protect civil rights with a people's court is three years. For fraudulent behavior, the statute of limitations for litigation is usually calculated from the date when the right holder knows or should know the grounds for revocation. Therefore, once homebuyers discover such issues, they should take legal action as soon as possible to avoid losing their right to sue due to time constraints.

4、 Legal insights for homebuyers and sellers

For homebuyers, it is important to have a comprehensive understanding of the property and its surrounding environment as much as possible before purchasing a house. In addition to checking the property ownership certificate and conducting on-site inspections, you can also inquire from neighbors, property management, and village committees. The contract should clearly stipulate the seller's representations and warranties regarding the condition of the property, and set corresponding breach of contract liabilities. Once abnormalities are discovered, promptly establish evidence and consult a professional lawyer.

For sellers, honest disclosure is a legal obligation. Deliberately concealing significant flaws may not only result in contract revocation and huge compensation, but may also face criminal risks.

Guangdong Zhiming Law Firm has been handling property sales, contract disputes, and infringement claims for a long time. In such disputes involving hidden defects in houses, we can provide full process legal services from evidence collection, litigation strategies to loss identification for the parties involved. If you are facing similar difficulties, it is recommended to seek the help of a professional lawyer as soon as possible to protect your legitimate rights and interests in accordance with the law.