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The elevator noise is too loud. 4 million mansions are hard to move in
Read: 1207 Author: Mr. elevator source: Elevator noise control release time:2020-01-09

Ms. Lou, who lives in the park, spent 4 million yuan to buy a set of high-end housing, but was unable to move in normally due to the rumbling noise of the elevator machine room, and even no one paid attention to the rental. The 4 million worth of luxury houses immediately depreciated greatly, so Ms. Lou sued the real estate developer to the court for compensation for economic losses. Recently, the Suzhou Industrial Park Court issued a judgment, ordering the real estate developers to rectify the elevator noise problem and compensate MS Lou for the rent loss of 58500 yuan.

In May 2007, Ms. Lou signed a house sales contract with a real estate development company and paid more than 4.5 million yuan to purchase a duplex house for investment. However, when the house was handed over in November, it was found that the owner bedroom of the house was seriously disturbed by the noise of the elevator machine room, which caused the residents unable to rest normally and seriously affected their normal life. Ms. Lou negotiated with the real estate developers for many times and asked the real estate developers to rectify after she entrusted the relevant companies to carry out the inspection on her own, but she never got a reply. As a result of the serious noise problem, housing rental has also become a problem. Ms. Lou's huge investment has no return, so she sued the court for compensation for economic losses. According to the court's investigation, the main bedroom of the house is separated from the elevator room on the floor by a storage room, which is not adjacent. The design meets the relevant regulations. However, due to the lack of sound insulation and shock absorption measures during the installation of the elevator, the noise during the operation of the elevator is too loud, especially during the operation at night, the noise exceeds the relevant national regulations on environmental noise.

The court held that when the original defendant entered into the house sales contract, the defendant sold the elevator as a supporting auxiliary facility of the house and delivered it to the owner for use, and should ensure that the subject matter of the contract, including the house and the supporting elevator, does not have defects in quality and function. The defendant, as the seller, has the obligation to maintain the normal operation of the elevator so that it does not hinder the normal living of the buyer. According to the measurement results issued by the appraisal department, the elevator noise exceeds the standard at night by adopting the applicable measurement method of urban area environmental noise during the construction of the house, which has certain impact on the plaintiff's night rest. However, in view of the small time span of its impact on life and the light degree of exceeding the standard, it is necessary to consider the interference of noise to the living life by referring to the rental price of the house market as appropriate The compensation standard shall be determined according to the degree and duration. Accordingly, the defendant was ordered to deal with the problem of elevator noise and compensate the plaintiff for the rent loss of 58500 yuan from the date of house closing to the date of judgment.

The judge in charge of the case explained that the plaintiff and the defendant set up a house sale contract relationship, and the defendant, as the seller, shall bear the implied guarantee responsibility for the quality and function of the house and its ancillary facilities in accordance with the agreement or legal standards. Floor elevator is a necessary supporting facility to improve the use function of the house, and it shares part of the building area, forming a part of the value of the house for the buyer. In this case, the noise pollution caused by construction defects hinders the buyer's normal life and affects the value of the house itself. Therefore, in order to maintain the healthy stability of the real estate market, developers must ensure the quality of the main body of the house and the quality and function of the auxiliary facilities of the house, so as to prevent unnecessary economic losses caused by "invisible" disputes. (all the characters in the article are pseudonyms)

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