Disputes over the sale and purchase of tomb view houses occur frequently, why do most buyers lose

The appearance of such a house also makes us feel a certain amount of panic, can we really be quiet in our hearts when we live in such a room? And for such a problem, it is also in the frequent occurrence, but for such a result, the final outcome of the buyer will end in defeat, for such a problem, we are also deeply sympathetic, their hard-earned money and then buy a house when they buy a place, it really makes us helpless, for such a problem, buyers also have a series of complaints, but in the end, the developer will goBecause the cemetery is not within the red line, the developer does not need to tell the buyerAfter all, they did not have a good understanding of their own houses, and such a situation also made them have no way to carry out. <>

In fact, for such a problem, in fact, we should also pay attention to a certain integrity, because for the developer does not inform the owner of the purpose of the surrounding area, such a practice is also a kind of deception of consumers, but consumers do not know to make a series of purchases, in fact, for such a problem, it is also a manifestation of irresponsibility to them. After all, for such a problem, it is not only irresponsible to consumers, but also irresponsible to themselves, and it is manifested in knowing that others also know about such a situation, so who else will choose to buy here? <>

Some developers do not allow them to see the house, for this, the only thing consumers can see is a series of model houses, and in this case, the sales department should also have a series of understanding, after all, there is still a certain right to know about them. <>

Because the developer explained it in an inconspicuous corner of the contract, but the buyer did not find this clause, he lost the lawsuit.

Because many times, this is the responsibility of the buyer, they do not go to the site in advance, but only complain after the purchase.

The most important thing is that there are loopholes in the law, which does not clarify the separation between the house and the cemetery, the specific distance and the obligation to inform it.

The reporter of "Rule of Law**" combed and found that at present, disputes related to the sale and purchase of "tomb view houses" have been staged in many places across the country, but the result of the lawsuit to the court is often that the buyer loses the lawsuit. One of the main reasons for losing the case is that because the cemetery is not within the red line, the developer does not need to inform the buyer, and the buyer needs to exercise a duty of care

According to the interviewed experts, only the 2012 Ministry of Civil Affairs' "Standards for the Construction of Urban Public Welfare Cemeteries" (draft for comments) mentioned that the construction of urban public welfare cemeteries is strictly prohibited within 500 meters from residential areas, but the final official "Urban Public Welfare Cemetery Construction Standards" deleted this clause. Due to the lack of corresponding laws, it is difficult for owners who buy "tomb-view houses" to protect their rights.

"Tomb View Room" legal dispute,Common points of contention are:

1. If there are funeral parlors, cemeteries, etc. around the community, it is easy for people to associate with unlucky information such as death, which will have an impact on the psychology of the buyer, and will also affect the buyer's decision on whether to buy the house in the community, and the developer should inform in advance.

2. China's current laws and regulations and other normative documents do not clearly limit the distance that must be maintained between the community and the cemetery. "Around the community" is actually a vague concept, and it is easy for sellers and buyers to form distinct perceptions and understandings from their respective positions, perspectives and interests.

3. The developer's failure to inform the owner of the existence of a cemetery around it is an act of dishonesty and violates the principle of good faith.

This is a recent incident in Guangdong, where a west-facing room on the 3rd floor or above has a "panoramic view of the cemetery".

The area of the cemetery is about two or three thousand square meters, and there are at least 1,000 "ancestral seats" in it. The distance from the cemetery to Building C of the community is only 10 meters. The distance is so close, the owners said that they were "completely unaware", felt deceived, and definitely did not dare to live in, and the owners said that according to the real estate model provided by the developer, there was a vacant lot next to the unit of Building C involved.

Such a house is also frightening to live in, and when you open the window, you can see the neatly arranged bottles and cans in the cemetery, which is both "spectacular" and scary.

The owners have said that they have been deceived, but the real estate developer retorted that there was a relevant notice posted and there was no concealment, but it is understood that the notice was posted in the corner of the sales office and was not obvious. There is an open space next to the unit of Building C above the real estate model.

The sales staff insisted that the vacant land would be made into a subway entrance and exit in the future, and the actual entrance did not have a "cemetery" sign, but was planted with greenery, and the builder deliberately sealed the hoarding near the cemetery to a height of more than 2 meters, "We couldn't see anything when we approached".

Personal opinion:

The developer, including the sales department, has a certain amount of fraud, which is very unfair to the owner, such a horrible house, I believe that not many people will be willing to live in it, I think the owner can still sue the developer.

【Abstract】The current buying fever is still fermenting, and the most important thing for a family to buy a house in their life is to buy a house. Although housing prices are getting higher and higher, there are still countless people who buy houses, especially when a new project opens, people who buy houses are like rushing to the market, for fear of missing out on a good house type.

1.Everyone loves to buy a house, river view room, sea view room, garden view room, it is good to be able to buy a house you like, but if you buy a house to find an unsatisfactory place, it is really annoying, recently there is a owner to buy a "tomb view room"!

2.As soon as you open the window, the scenery downstairs can be said to be very "spectacular", a cemetery can be said to be very scary, this is an open-air cemetery, the room facing west above the 3rd floor can see the "cemetery panorama", go to the viewing balcony, it is more intuitive.

3.A cup is neat and tidy, and it is a candle and a tablet, and DV Jun has a cold back when he sees it, how can he live? If you can't sleep at night and want to open the window to breathe, you will be even more unable to sleep, right?

The area of the cemetery is about two or three thousand square meters, and there are at least 1,000 "ancestral seats" in it. The distance from the cemetery to Building C of the community is only 10 meters. It's so close, and the owners are "completely unaware".

4.There is no sign of "cemetery" at the entrance, and the greening is planted, and it is almost impossible to see the cemetery from the periphery, and only when you go upstairs do you see the "urn", and some owners do not know that this is the cemetery.

5.The developer said that the cemetery-related notices were in this corner of the sales department, and there was no concealment. There was no act of covering the cemetery, only a construction fence.

6.The developer posted the notice in the corner, isn't it trying to hide it, the owner knows who will buy such a "landscape house", and also high-sounding said that the enclosure is a construction need, and the owner should be informed before buying?

After all, buying a house is a very important thing for most people, and it may be your life savings, and if the owner causes a dispute because he has not fulfilled his duty of prudence, he will also bear the corresponding adverse consequences.