In the house contract, "VR is subject to VR"?A home buyer in Chengdu believes that the house delivery and the contract are not consistently sued the landlord

Cover Journalist Song Xiao

With the widespread application of VR video technology, VR video viewing is very common. If there are a large number of private items in VR video, and the "VR -based" house delivery standards appear in the house sale contract text, then items in VR video Who is it?

Picture source: Chengdu Hi -tech Court WeChat public account

On September 26, the reporter learned from the Chengdu High -tech Court that recently, the court tried a dispute over a house trading contract due to the unknown contract. On January 17, 2021, Xiao Wang passed a house to find a house, and purchased a second -hand house from Zhang and Ma someday and signed a three -party contract. On the day of delivery, Xiao Wang found that in the VR video of the furniture and appliances inside the house and the houses released by the house, the display content was not consistent with the contract. In terms of conditions, the two sides were controversial, and then Xiao Wang sued to the court, asking Zhang and Ma to compensate for losses.

The High -tech Court of High -tech Court held that VR video was formed in May 2020. At that time, Zhang and Ma still lived in the house, and there were many indoor items. In the actual view of the house, most of the items involved in the house have been moved away, and at the end of the contract attached table, only one sentence "VR as the prefix, two piano and mahogany chairs, one of the mahogany coffee" as the house delivery Standards are not clear and specific, nor does it meet the general habits of house transactions.

And the formation of "VR video" Before Zhang and Ma actually moved, according to the general house trading habits, they were delivered in the current status of the house. It is against the common sense of society. Therefore, the delivery condition of "VR is prevailing" is not clear, and Xiao Wang has not further proved that the two parties have reached a clear content on the clear content of "delivery of VR". Therefore The content of the delivery is not recognized. In the contract, "VR is the subject, two piano and mahogany chairs, and one of the mahogany coffee table" cannot be used as the standard for house delivery.

Finally, the court's comprehensive house delivery statement, and Zhang and Ma paid the compensation of 7,000 yuan to Xiao Wang.

The court believes that during the signing process of the "Second -hand Housing Sale Contract", the version of the transaction contract is usually drafted by the house intermediary agency. Both sides of the house buying and sellers often focus on the amount of house transactions. Reading, when the two parties controversy in subsequent transactions, the content of the relevant terms will be carefully considered. Therefore, the contract terms of the house agency should try to avoid the expressions and contents of "vague and inconsistent interpretation", so as not to generate controversy in the parties to generate controversy Essence

In this case, the content of "VR is prevailing, two piano and mahogany chairs, and a mahogany coffee table" appeared in the contract text, which caused controversy in both parties and sellers. At this time, in accordance with the principle of general trading habits and the principle of honesty and trustworthiness, it should be determined in accordance with the core values ​​of socialism. It does not teach the literal meaning of the contract, nor does it listen to the verbal statement of the parties. The principles of the performance of Article 509 of the Code of the Code were referee.

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