| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 103 === Land and houses are necessity of people’s livelihood, the lifeblood of a country and also the primary way to preserve wealth. There are numerous people who spend their life savings to purchase a house for living. This act of purchase and sale has existed ever since the ancient time, and is still active nowadays; consequently, the disputes aroused from it are of the largest number and also the most difficult.
Due to the huge differences in real property, it’s difficult to form an open market, relevant laws and regulations are complicated, and capable professionals are required. According to the statistics of consume disputes about real property released from 2011 to 2015 by the Real Estate Information Platform of Ministry of Interior and the Department of Land, Taipei City Government, the proportion of pre-owned house in purchasing through real estate agencies is the largest. Hereby this paper sorts out the frequently-occurred disputes to find out the issues to be pay attention to in the four stages of purchase and sale as well as before, during and after the sign of sales contracts, introduces the proper handling approaches to the involved parties when disputes occurred, and also suggests forming the performance security system to make sure the trade safety. However, it finds that the scope of the existing performance security system are only limited in the security of payment; the defects in products and rights, the handing over item by item, such as deficit areas and claim of compensation of liquidated damages, are not contained in the system. Besides, there are no laws or regulations governing the performance security system of existing houses.
The third chapter analyzes the differences between responsibility for warranty of defect in sales contract and that in things, as well as its effectiveness and exempt and limitation of special clauses. Chapter Four is about the differences between responsibility for warranty of defect and other relevant concepts, for instance, differences between responsibility for warranty of defect with mistakes, differences between responsibility for warranty of defect in things and incomplete performance responsibility, differences between defense right of simultaneous performance, responsibility for warranty of defect in things and risk burden transfer, which mainly introduced how the laws stipulated and whether the views of courts at all levels are the same or not.
In Chapter Five, warranty against defects and relevant dispute cases which are frequently seen in sale and purchase of pre-owned houses in practical cases are studied and analyzed, for example, deficit areas, structural flaws in the building and haunted house, to discuss how the courts judge such defects and whether the courts at all levels have the same views or not, whether the seller shall shoulder the responsibility. In the end, personal comments are also proposed. In the transaction of real estate, the factors of timing when responsibility for warranty of defect occurs and ways to prevent it in advance all exert influences on both parties’ property greatly. Therefore, the responsibility for warranty of defect in sale and purchase of pre-owned houses are the highlight of the paper, which expects to propose suggestions based on the author’s practical experience in real estate and his learning in laws and regulations, so as to enrich his knowledge and offer helps to the society.
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