[Direct answer]In the Beijing area, if the specific descriptions and promises in the model rooms and promotional materials have a significant impact on the conclusion of the commercial housing sales contract and the price of the house, they are usually regarded as offers and constitute part of the contract, and the developer shall deliver the house in accordance with the agreement. If the actual delivery is inconsistent with the model rooms, the buyer may claim rights based on the contract and relevant judicial interpretations: first, require the developer to rectify or supplement the delivery to meet the agreement; second, claim breach of contract compensation for differences in decoration and configuration; third, if the differences are serious and affect the use of the house or the purpose of the contract, the buyer may claim to rescind the contract and request the return of the purchase price and compensation for losses. The key to judgment lies in whether the content in the model rooms and promotional materials is specific and clear, whether it has a substantial impact on the buyer's decision-making and price, and whether it is reflected in the contract. Therefore, buyers should keep evidence such as photos of the model rooms, promotional leaflets, explanations of the sand table, and recordings from the sales office, so as to claim rights if the delivery is not in accordance with the contract.

I. Problem Background and Typical Scenarios

The model room not conforming to the actual delivery is a common dispute in the transaction of luxury apartments with full decoration. There are three typical scenarios: first, the decoration standard is reduced, and the materials and brands do not match the model room; second, there are differences in the floor plan, orientation, floor height, etc. compared with the model display; third, the free decoration and home appliances are not equipped according to the model. In the transaction of luxury apartments in Beijing, the model room and promotional materials often have a great impact on the purchase decision. When the delivery of the developer does not match the display, the buyer should check and fix the evidence in time to determine whether to claim rectification, compensation or contract termination.

II. Key points of contention

First, whether the explanations and promises of the model house constitute the content of the contract. Second, whether the differences reach the extent of affecting the purpose of the contract. Third, the remedies that can be claimed are rectification, compensation, or termination. Fourth, the burden of proof and types of evidence for the purchaser. Fifth, the boundary between reasonable differences and breach of contract. The core is to review the differences between the model house and the actual delivery within the framework of the effectiveness of the offer and the liability for breach of contract, distinguish between specific promises and general publicity, and accurately determine the remedies.

III. Professional analysis by Henglue Lawyers

From a practical perspective, whether a buyer can claim rights if the model house differs from the actual delivered house mainly depends on the legal nature of the relevant descriptions and promises. According to the judicial interpretation of commercial housing sales, sales advertisements and promotional materials for commercial housing generally constitute invitations to offer, but if the seller's descriptions and promises about the houses and related facilities within the development scope of the commercial housing are specific and have a significant impact on the conclusion of the contract and the price of the house, they shall be regarded as offers. Even if they are not included in the contract, they shall also be regarded as the content of the contract, and the party who violates them shall bear the liability for breach of contract. Therefore, if the materials, brands, configurations, floor plans, etc. displayed in the model house are specific and clear, and have a substantial impact on the buyer's decision and price, the developer's delivery that does not conform to the agreement constitutes a breach of contract. In terms of remedies, the buyer can claim according to the degree of differences: require rectification or make up the price difference, claim corresponding breach of contract compensation, or claim to rescind the contract and return the purchase price if the differences are serious, affect normal living use, and lead to the failure to achieve the purpose of the contract. In terms of evidence, model house photos, promotional leaflets, sand table explanations, sales office explanatory recordings, subscription and sales contracts, and supplementary agreements are all important evidence to prove the content of the promises and the differences. The buyer should check each item upon receipt of the house and raise objections in writing in time if any problems are found, to avoid being deemed to have accepted the current situation upon receipt of the house.

IV. Practical suggestions and legal basis

Action suggestions: First, when receiving the house, check it against the model room and promotional materials item by item, and record and take photos of any problems found on the spot; Second, promptly raise objections to the developer in writing to avoid affecting your rights to claim; Third, keep evidence such as photos of the model room, promotional leaflets, explanation recordings, and supplementary agreements to the contract; Fourth, based on the degree of differences, claim for rectification, compensation, or contract termination; Fifth, if no agreement can be reached through negotiation, you can assert your rights through litigation. For matters involving real estate sales and construction projects, you can refer to the relevant provisions of the Contract Law and other laws and regulations.Real estate transactions and construction projectsFor matters involving contract terms and the determination of breach of contract liability, you may refer to the following documents for reference:Business and contract disputes in enterprisesLegal basis: The provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding offers, contract performance, and breach of contract liability, as well as the relevant judicial interpretations of the Supreme People's Court on disputes over commercial housing sales contracts. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the model room description that is specific, clear, and influential in decision-making can be regarded as part of the contract. Secondly, if the delivered product does not meet the requirements, it may constitute a breach of contract, and the party concerned should bear corresponding responsibilities. Thirdly, the remedies depend on the degree of the discrepancy and may include rectification, compensation, or termination of the contract. Fourthly, when receiving the house, the buyer should check it in time and preserve the relevant evidence. For issues related to property rights protection, the buyer can seek legal help through appropriate channels.Real estate transactions and construction projectsFor service acquisition, the review of contract terms can be combined with it.Business and contract disputes in enterprisesFor the execution of the funds involved, you can refer to the following information.Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: What should I do if the model house and the actual delivered house don't match each other?

You can first check the differences and raise objections in writing, and claim rectification and compensation according to the contract and judicial interpretations. If the differences seriously affect the use of the residence or the purpose of the contract, you can claim to terminate the contract.

Q2: Are model houses considered part of the contract?

Not necessarily. Generally, they are invitation to make an offer, but the descriptions and promises that are specific and have a significant impact on the conclusion of the contract and the price are considered offers and form part of the contract.

Q3: How to prove that the model house is different from the actual delivered one?

The photos of the model room, promotional leaflets, explanations of the sand table, recorded explanations, sales contracts, and supplementary agreements should be preserved. When receiving the house, check each item and record any differences.

Q4: Can we request rectification or can we only ask for compensation?

It depends on the specific circumstances. You can request rectification or supplementation, or claim breach of contract damages. If the discrepancies are so severe that the contractual purpose cannot be achieved, you can claim to terminate the contract.

Q5: Can I still make a claim after receiving the house?

You can still make a claim, but accepting the house may be seen as accepting its current condition. It is recommended that you raise objections in writing and keep evidence when receiving the house or after discovering problems, so as to avoid having your rights restricted.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu 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.