[Direct answer]Yes. The decoration standards of fully furnished commercial housing are part of the contract, and the decoration delivered by the developer should comply with the contractual provisions. If the delivered decoration materials, brands, or craftsmanship do not match the contractual standards or the standards of the showroom displayed to the public, this constitutes a breach of contract. The buyer may, in accordance with the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on breach of contract liability, require the developer to continue to perform the contract, take remedial measures, or compensate for losses. In practice, claims for compensation are usually based on the difference in decoration costs, and professional institutions are required to evaluate the actual decoration value against the agreed standards. If the contract clearly stipulates decoration standards, a list of brands, and breach of contract liability, claims can be directly based on these provisions; if the claims are based solely on promotional materials, it is necessary to prove that the promotional materials constitute part of the contract or that the developer has made specific commitments.

I. Problem Background and Typical Scenarios

When the decoration standard of luxury apartments delivered to buyers falls short of what was advertised, this has become a frequent type of property dispute in recent years. Buyers often encounter situations such as: the advertised decoration standards differ significantly from the actual delivered ones; the agreed-upon branded building materials are replaced with products of the same or lower quality; and the effects shown in the model rooms do not match the actual delivered ones. When handling such cases in Beijing, the court will review the provisions of the contract and supplementary agreements regarding decoration standards, brands, and breach of contract liabilities, examine the validity of model rooms and promotional materials, and determine the amount of compensation based on the evaluation conclusions. It is particularly crucial to retain evidence of the contract, promotional materials, and the actual delivery status, and written objections raised upon receiving the property can also help to establish the facts.

II. Key points of dispute

There are four points that need to be clarified: Firstly, whether the decoration standards constitute part of the contract and the binding force of promotional materials and model rooms; Secondly, what kind of breach of contract it constitutes if the delivered decoration does not meet the agreed standards, and whether the party can demand rectification or compensation; Thirdly, how to evaluate and calculate the difference in decoration quality; Fourthly, whether the party can claim to withdraw from the contract on this basis. Generally speaking, the decoration standards constitute part of the contract, and any deviation from the agreed standards constitutes a breach of contract. The remedies typically include rectification or compensation for the difference in quality. To withdraw from the contract, the party must prove that the contractual purpose cannot be achieved. Whether the evidence is sufficient directly affects the determination of the breach of contract and compensation. The parties should provide evidence around the agreed standards and the actual delivery, and, if necessary, apply for a professional evaluation. The wording of the contract terms is particularly crucial.

III. Professional analysis by Henglue Lawyers

When handling luxury decoration disputes, Henglue Lawyers usually proceed from four aspects. First, contract review: Sort out the contract, supplementary agreements, and decoration standard lists, verify the agreements on material brands, models, craftsmanship, and supporting equipment, and review the breach of contract liability clauses. Second, advertising effectiveness: If the contract does not specify in detail, the lawyer may argue that the developer's promotional materials and model room displays constitute specific commitments and should be regarded as an integral part of the contract. However, it is necessary to prove that the promotional content is specific and clear, and has an impact on the purchaser's decision-making. Third, evidence fixation: Take photos and videos of the actual decoration conditions when receiving the house, raise objections in writing and request rectification, and, if necessary, entrust professional institutions to evaluate the value of the decoration. Fourth, path selection: Based on the degree of non-compliance and the size of the losses, choose to request rectification, compensation for the price difference, or claim to rescind the contract, and may also claim for the losses caused by the delay in rectification. In practice, the agreed standards and evaluation conclusions are the main basis for determining the amount of compensation.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, when signing the contract, require that the decoration standards, brand lists, and breach of contract liabilities be included in the contract or supplementary agreement; Secondly, keep the communication records of model rooms photos, promotional materials, and sales promises; Thirdly, when receiving the house, verify each item and record the problems in writing, requiring rectification within a specified period; Fourthly, if claiming compensation for the price difference, entrust a qualified institution to evaluate the actual decoration value. For property disputes, you can refer to the relevant laws and regulations.Property sales and construction projectsFor contract disputes, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: Articles 577 and 582 of the Civil Code of the People's Republic of China (effective from January 1, 2021) and related provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial decisions.

5. Henglu Law Firm's Reminder

Firstly, the decoration standard is part of the contract, and any deviation from the agreed standards upon delivery constitutes a breach of contract. Secondly, if promotional materials and model rooms can be proven to constitute specific commitments, they can be used as the basis for legal claims. Thirdly, compensation is typically based on the difference in decoration costs, which requires professional evaluation. Fourthly, the right to withdraw from the contract is subject to the condition that the contractual objectives cannot be achieved, which sets a high threshold. For property disputes, parties may seek legal redress through the following channels:Real estate transactions and construction projectsThe service is supported, and those involved in contract disputes can refer to it for referenceBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Can I protect my rights if the standard of luxury decoration has been reduced?

Yes. The decoration standards are part of the contract. If the delivered decoration does not conform to the agreement, it constitutes a breach of contract, and the buyer can demand the seller to continue to perform the contract, take remedial measures, or compensate for the losses. If the promotional materials and model rooms constitute specific commitments, they can also be used as the basis for claims. The compensation is usually based on the difference in the decoration price, and a professional institution needs to be commissioned to evaluate the difference between the actual decoration value and the agreed standard.

Q2: Can the model room be used as a reference?

It depends on the circumstances. If the content of the model room and the promotional materials is specific and clear, and it has a substantial impact on the decision to purchase a house, the buyer can claim that it constitutes part of the contract. If the contract has explicitly excluded the binding force of the model room, or the model room is only for demonstration purposes, it will be more difficult to make a claim. It is recommended to keep the photos, videos, and records of the sales promises of the model room.

Q3: How is the difference in renovation costs calculated?

It is generally calculated based on the difference between the actual value of the decoration delivered and the value corresponding to the standards stipulated in the contract, and an evaluation opinion from a qualified appraisal institution is required. The evaluation will take into account factors such as the brand, specifications, craftsmanship, and equipment configuration of the materials. If the contract stipulates a penalty for breach of contract, it can be claimed together; if the penalty is set too high or too low, an adjustment can be requested.

Q4: Can I get a refund if the quality of the finishing work in my new home is substandard?

It's generally difficult, unless the decoration is so serious that it affects the normal living and use of the house, making it impossible to achieve the purpose of the contract, or the contract clearly stipulates that such circumstances can be rescinded. In most cases, it mainly involves rectification and compensation for the price difference. Those who claim to withdraw from the contract should provide evidence to prove the severity of the decoration defects and the conditions for rescinding the contract as stipulated in the contract.

Q5: What should I pay attention to when receiving the keys to my new home?

Before taking possession of the house, you should check the materials, brands, and equipment against the decoration standards stipulated in the contract item by item, and keep photos, videos, and written records. If there are any discrepancies, you should raise objections in writing on the spot or within the prescribed time limit and require rectification within a specified period. Do not sign the acceptance certificate easily. Fix the evidence in time to lay a foundation for subsequent claims for rectification or compensation.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute formal legal advice for 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.