In 2024, Ms. Ton purchased a ground-floor apartment with a yard in a residential complex in Truong Vien City, Ha Nam Province, China. In December of the same year, while excavating the yard for renovations, she unearthed a femur, suspected to be human, and immediately contacted the police.

After the police collected the bone for examination, Ms. Ton discovered more bone fragments, including ribs and a coccyx, in the same area and again notified authorities.

The area where the human bones were found. Photo: Jimu News

The area where the human bones were found. Photo: Jimu News

Ms. Ton repeatedly contacted the property management and the developer to negotiate a resolution, requesting a refund or an exchange for a different unit. However, her requests were denied because the property had already been handed over.

The Truong Vien City Construction and Housing Department mediated between Ms. Ton, the property management, and the developer, but the three parties failed to reach an agreement.

The property management stated that Ms. Ton only had the right to use the yard, not ownership. The soil used to fill the yard was purchased and transported from elsewhere and had not been fully screened. The developer claimed they had already transferred management responsibilities to the property management company.

The Truong Vien City criminal police confirmed the remains belonged to a man who had died approximately 20 years prior.

As of 30/6, the Construction and Housing Department reported that discussions were ongoing, and no concrete resolution had been reached.

Commenting on the dispute, Mr. Pho Kien, director of a law firm in Ha Nam, stated that the discovery of human remains significantly impacts the normal use and enjoyment of the property, preventing Ms. Ton from fulfilling the contract's purpose of purchasing a home for normal living. He believes Ms. Ton has the right to terminate the contract.

Mr. Pho further explained that if the developer was aware of the issue with the soil but failed to inform Ms. Ton, according to Article 148 of the Civil Code of the People's Republic of China, if one party uses deceptive tactics to induce another party into performing a civil legal act against their true intention, the deceived party has the right to request the People's Court or an arbitration organization to void the contract. "Ms. Ton can request contract termination, a refund, or a property exchange," he said.

"The developer bears responsibility for their failure to fulfill their obligations, leading to this unusual situation with the delivered property and associated land," Mr. Pho Kien added. According to the Civil Code, if a party fails to perform their contractual obligations or performs them improperly, they are liable for breach of contract and must take remedial measures or compensate for damages.

"The yard is an integral part of the residence, and the developer must ensure there are no major defects affecting its normal use," he stated.

Additionally, Mr. Pho Kien emphasized that the property management company has a duty to manage and maintain the common areas of the community and some private areas of the owners. If they were aware of potential issues with the soil but took no action, they also bear responsibility.

"Human remains were unearthed in the yard. Both the developer and the property management company failed to fulfill their respective obligations and must be held accountable," the lawyer affirmed.

Tue Anh (Tide News, High Wind News)