[Direct answer]In the Beijing area, if the performance of the contract does not conform to the agreement, the buyer may claim corresponding breach of contract liability. According to the Civil Code of the People's Republic of China (implemented on January 1, 2021), if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear breach of contract liabilities such as continuing performance, taking remedial measures, or compensating for losses; if the performance does not conform to the agreement, it shall bear breach of contract liabilities in accordance with the parties' agreement. If there is no agreement or the agreement is unclear, the buyer may reasonably choose to request the other party to bear breach of contract liabilities such as repair, redelivery, replacement, return of goods, reduction of price or remuneration, etc. Therefore, if the brand, specifications, and materials of the finished house delivered do not conform to the contract annex or the decoration standard list, the buyer may claim replacement, repair, reduction of price, or compensation for losses in accordance with the contract or the law; if the differences seriously affect the living experience or the purpose of the contract, the buyer may also claim to rescind the contract and request compensation.

1. Problem background and typical scenarios

When the finished houses are delivered, owners often find that the actual building materials, sanitary ware, and flooring used do not match those in the model room or the contract list, resulting in "delivery with lower specifications". Typical situations include: replacing imported brands with domestic brands; using materials with lower specifications than those listed in the contract; and significant differences between what is displayed in the model room and what is actually delivered. In disputes over the quality and decoration of commercial housing in Beijing, the standard of judgment and evidence are key factors.

II. Key points of dispute

First, whether the contract and the list constitute a clear agreement on the decoration standards. Second, whether the explanations shown in the model room constitute the content of the contract. Third, the inconsistent identification standards and the method of calculating the actual losses. Fourth, what forms of liability the buyer can choose and whether they can terminate the contract. Fifth, how the burden of proof is allocated and who should prove that the materials do not comply with the contract.

III. Professional analysis by Henglue Lawyers

Here's the translation of the Chinese text into English, with detailed explanations: Henglue Lawyers' Practical Tips on Real Estate and Contract Disputes: Four Key Points 1. Contractual Agreements Are the Foundation: Provisions regarding brands, models, and specifications in purchase contracts, supplementary agreements, and decoration standard lists serve as the basis for determining substandard quality. If the agreements are clear and specific, developers' failure to comply constitutes a breach of contract, and buyers can claim liability accordingly. 2. Legal Effect of Model Units: If developers use model units or promotional materials to explicitly define and promise decoration standards that significantly impact contract formation and property prices, such statements and promises may be considered offers and form part of the contract. Therefore, if the actual delivery significantly falls below the model unit standards, buyers can claim breach of contract. 3. Evidence Preservation: During the handover process, comprehensively photograph and video the property, check brand and model specifications against the list, and retain the purchase contract, decoration standard appendices, model unit materials, and sales promotional materials. If necessary, commission a professional institution to evaluate the materials and construction costs to quantify price differences. 4. Liability and Remedies: Buyers can demand replacement with agreed-upon brands and specifications, repair of non-compliant areas, price reduction, or compensation for losses. If the discrepancies are severe and undermine the contract's purpose, they may claim contract termination and compensation. If developers refuse to rectify issues, disputes can be resolved through negotiation, complaints, or litigation, with the option to request an evaluation of the decoration value during litigation. 5. Time Limits and Evidential Burden: Buyers should raise objections and preserve records within a reasonable period after handover to avoid being deemed to have tacitly accepted the situation. For evidence of material non-compliance, buyers may first provide preliminary proof, after which developers must bear the burden of proof if they claim to have complied with the contract. Overall, the basis for protecting rights in substandard delivery of luxury apartments lies in contractual agreements and evidence, with quantifying losses being critical. Henglue Lawyers typically assist clients by verifying contractual clauses and preserving evidence in housing sales and decoration disputes.

IV. Practical suggestions and legal basis

Action recommendations: First, when receiving the house, check the brand and model item by item against the checklist and take photos and videos. If any problems are found, record them in writing on the spot; Second, keep the purchase contract, the appendix of decoration standards, the information of the model room, and the sales promotion materials; Third, within a reasonable period of time, notify the developer in writing to request replacement or rectification to avoid being regarded as tacitly accepting; Fourth, if no agreement can be reached, you can claim a reduction in the price or compensation for losses, and if necessary, apply for an evaluation to quantify the price difference; Fifth, if the differences are serious, you can claim to rescind the contract and seek compensation, and proceed with litigation. For real estate transactions and construction-related matters, you can refer to the relevant provisions.Real estate transactions and construction projectsIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 577 and 582 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Sale of Commercial Housing Contracts (amended in 2020) regarding the provisions on sales advertisements and promotional materials. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the basis for protecting rights in the case of luxury-furnished houses is the contract and the list of decoration standards. When signing the contract, the brand and model should be specified in detail. Secondly, the model room and promotional materials may constitute part of the contract, so it's important to keep the relevant materials. Thirdly, if any problems are found, they should be raised in writing in a timely manner to avoid being regarded as acceptance due to delay. Fourthly, the losses can be quantified through evaluation, and it's more feasible to claim a reduction in the purchase price or compensation. For matters involving creditor's recourse and enforcement, relevant provisions can be referred to for guidance.Creditor's rights and debts, and enforcementFor matters involving family property, you can refer to the following information for reference.Divorce litigation and family disputesFor cases involving personal injury, you can refer to the following guidelines.Personal injury and medical disputesFor other difficult issues, you can refer to the relevant materials for further guidance.Special services and other cases.

VI. Frequently Asked Questions

Q1: Is it a breach of contract if a luxury apartment is delivered with lower-standard specifications than those advertised?

This generally constitutes a breach of contract. If the contract or the list of decoration standards clearly stipulate the brand, model, and specifications, and the actual delivery does not conform to them, it constitutes a failure to perform in accordance with the contract. The buyer may, in accordance with the contract or the law, claim for replacement, repair, reduction of the price, or compensation for losses. The specific provisions shall be subject to the contractual stipulations and the determination of evidence.

Q2: Can I request a check-out?

It depends on the extent of the discrepancies. If the decoration standards are significantly lower than agreed upon, seriously affecting the living experience or resulting in the failure to achieve the contractual objectives, the buyer may claim to terminate the contract and seek compensation; if it is a partial non-compliance that can be resolved through rectification or discount, the focus is usually on reducing the price or providing compensation, and it does not necessarily support the buyer's right to withdraw from the contract.

Q3: How to prove that the materials are inconsistent?

You can check the brand models item by item against the contract annex and the decoration standard list, take photos and videos when receiving the house, and make written records. Save the information of the model room and promotional materials. If necessary, apply to a professional institution to evaluate the materials and decoration costs, quantify the price difference and losses, and form a complete chain of evidence.

Q4: Can the model room be used as evidence?

Yes, but it depends on the circumstances. If the developer provides specific descriptions and promises about the decoration standards in the model room or promotional materials, and these have a significant impact on the conclusion of the contract and the price of the house, they may be considered part of the contract. If the actual delivery is significantly lower than the standard in the model room, the buyer may claim breach of contract, and the specific determination will be made by the court.

Q5: What should I do if the developer refuses to make improvements?

You can first send a written notice and keep the record, requiring the other party to make rectifications within a specified time limit or offer a discount; if no agreement can be reached, you can file a complaint with the competent authority or initiate legal proceedings to claim a reduction in the price, compensation for losses, or the termination of the contract. In the litigation, you can apply for an appraisal to determine the difference in the value of the decoration to support your claims, and the specific judgment shall prevail.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.