New housing purchase electromagnetic radiation exceeding the standard four times, buyers must rescind the contract.
source: public network Author: Cui Yanhong correspondent Liu Ke learned
new house bought for about 800000 yuan, and the purchase contract was signed, but Ms. Xu found that there was a distance from the bedroom to less than one meter from the bedroom. High pressure line, detection found that the indoor electromagnetic radiation exceeded the standard four times, worried about the health of children in the future, she asked to remove the purchase contract, but the sellers did not agree, the lady will be allowed to go to the court. Zhang Weihong, the chief judge of the court, said that the sellers should be informed, and the electromagnetic radiation had reached the extent of the health of the people. The decision supported Ms. Xu's request, relieved the contract of buying a house, and did not bear a breach of contract.
2012 June, one day, the plaintiff Lai Zhi law as Party A, the defendant Xu Tushi as Party B, a real estate agent Foshan park to sign the purchase contract as the Party C, agreed to rely on the law to sell all of the property located in a residential area to allow. Housing construction area of nearly 80 square meters, the total price of about 800000 yuan.
a few days after the contract was signed, it was found that there was a hidden danger of residential safety, that is, there was a high voltage line across the two bedroom with a high voltage line at a level of less than one meter at a level, and then the voltage of the high voltage line was 10 thousand volts. Subsequently, Mr. Xu invited the staff of a certain environmental testing limited company, at the same time, to agree on the law and real estate agents to be present, to test the frequency electromagnetic field of the involved room of the high voltage line, and to confirm that the electromagnetic radiation level in the room was more than 0.4uT (micro). Tesla, electromagnetic unit, is obviously higher than the normal standard of electromagnetic radiation 0.1uT, which has reached the level of human health.
Xu Tushi thinks he is at the age of marriage. The level of electromagnetic radiation has serious pathogenic risk to leukemia, such as the fetus and children. Therefore, it was considered that the house concerned was unsafe, and the contract was negotiated with the plaintiff on the spot, but was refused by the plaintiff. After that, the defendant Xu Tushi negotiated with the plaintiff Rev. It suggested that if the plaintiff Lai Zhi law could contact the relevant departments to complete the security reform as soon as possible, the contract could be continued. The plaintiff Lai Zhi law said that the relevant departments have reflected the problem of the close to the high pressure line, and the answer is to rectify and rectify, but no rectification measures have been taken before the prosecution.
chief judge Zhang Weihong told reporters that in accordance with the 148th article of the contract law, the buyer may refuse to accept the subject matter or terminate the contract because the quality of the subject matter does not meet the quality requirements, resulting in the failure to achieve the purpose of the contract. As a woman of childbearing age, Xu Tushi, as a woman of childbearing age, can not live in the house involving the lawsuit because of the excessive indoor electromagnetic radiation, which can not be realized as the contract purpose of the buyer, and the defendant Xu Tushi should be allowed to remove the contract for the purchase of the house. In addition, the judicial interpretation of the Supreme People's court stipulates, at the same time, that "due to the serious impact of the housing quality problem on normal residential use, the buyer should be asked to cancel the contract and compensate for the loss."
in the end, the court terminates the contract of buying and selling of the plaintiff and the defendant in accordance with the law, and rejects the plaintiff's request for the defendant Xu Tushi to pay a breach of contract. After the decision was made, neither the original nor the defendant had appealed, and the judgment has come into force.