Happy to buy a new house, the developer said that there are thousands of acres of wetlands around! Who knew that after paying the money, it was found that it was not a "wetland", but a "corpse land"!
Playing drones find cemeteries all around
A few months ago, some consumers in Nanchang, Jiangxi Province, bought a house on Huiren Avenue in Nanchang County.
Before buying the real estate, it was advertised that the house was surrounded by thousands of acres of wetlands, which sounded very good.
Who knows that recently, when an owner was playing drone aerial photography, he found a shocking scene: around the building, this is a cemetery!
Buyers said the developer did not inform
On November 19, reporters and several consumers came to the property. Walking inside and looking south, a large cemetery appeared in front of me. Buyers say this is where the so-called "wetland park" is located.
"The developer said that the thousand acres of wetland park is under construction, but now it is a large cemetery." Buyer Mr. Xiong said.
"Another word, it has become a 'corpse land' park, it has really become a corpse land, and I must have been panicked." Buyer Mr. Zhang said.
Mr. Xiong said he bought the house in April this year and signed a contract to buy the house in May. Throughout the purchase process, the developer did not tell himself that this was a cemetery. When he first looked at the real estate marketing center, this cemetery was also blocked by fences and mounds, and he couldn't see it at all.
It was only recently that Mr. Xiong learned of this situation.
The contents of the two circulars are different
In the marketing center of this real estate, the reporter noticed that the location map of the real estate showed that the cemetery in the south was indeed marked as a "thousand acres of wetland park".
Some staff said that the sales center has posted a notice of "unfavorable factors outside the red line", which indicates that the south side of the building is a wetland park, but it is planned and is currently a graveyard landform. And when consumers buy a house, they will also clearly inform.
↑Notices issued as of October 20, 2019
The reporter noted that the release time of this "notice of unfavorable factors outside the red line" was October 20, 2019, which was after Mr. Xiong and other consumers bought a house.
In the marketing center, the reporter found another "notice of unfavorable factors outside the red line", published in January 2019, the content of this notice is just less than the content of "grave landform" compared with the content released on October 20.
↑Notice for January 2019
For this difference, the staff member said he was not clear.
In addition, the staff member also showed the reporter a reply material given by the Nanchang 12345 government service platform. As shown above, the land is planned as a "parkland" and is not explicitly planned as a wetland park.
"The plot is the cemetery of Hexia Village in Dongxin Township, and the specific relocation plan should be arranged by the local township." The real estate marketing center staff said.
Lawyer: The developer may infringe on the buyer's right to know
Some lawyers believe that in the process of buying a house, if the developer does not clearly inform and prompt the buyer that there is an important factor of cemetery on the side of the building, it is difficult for the buyer to find out, then there may be an infringement of the buyer's right to know and the signing of a contract that makes the buyer have a major misunderstanding.
Lawyer Zou Zhibin: From the consumer's point of view, it is a contract signed based on a material misunderstanding, and the contract signed legally because of a material misunderstanding is a revocable contract. Article 152 of the newly promulgated General Provisions of the Civil Law of the People's Republic of China stipulates that the period for revocation of a contract based on a material misunderstanding is only three months, counting from the time when the consumer knew or should have known of the revocable act.
Although it may be replanned later, can you accept that consumers do not actively inform the existence of cemeteries when they buy a house?