[Direct answer]In the Beijing area, if the quality of the house is not up to standard, the buyer can, in accordance with the contract and the law, demand repair, reduction of the price, or compensation for losses. If the house seriously affects living use, the buyer can also rescind the contract. According to Article 617 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the subject matter delivered by the seller does not meet the quality requirements, the buyer may reasonably choose to request the seller to bear the breach of contract liabilities such as repair, redo, replacement, return, reduction of the price or compensation. The quality problems of commercial housing can be divided into three categories: unqualified main structures, serious impacts on normal living use, and general quality defects, each of which corresponds to different remedies. The buyer should first fix the evidence and commission an appraisal, and then claim repair or compensation. Similar situations can be referred to for reference.Property transactions and construction projectsColumn.

1. Problem background and typical scenarios

Such disputes are common in several situations: first, there are safety hazards such as cracks and settlements in the main structure of the house; second, serious problems such as water leakage, poor sound insulation, and hollow walls seriously affect normal living and use; third, the finished decoration delivered by the developer does not meet the agreed standards; fourth, there are quality defects in public areas or supporting facilities; fifth, even after the house has been repaired, it still fails to meet the agreed standards, and the buyer requests to withdraw from the contract. When handling such cases in Beijing, it is usually first necessary to distinguish the nature and severity of the quality problems, then determine whether to claim for repair, price reduction, or contract termination, and, if necessary, commission a professional institution for appraisal. For matters involving the return of funds and enforcement, reference can be made to the relevant provisions of the Contract Law of the People's Republic of China.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

The first focus is on the nature of the quality issues: whether the main structure is unqualified, seriously affecting the living conditions, or just general defects. The second focus is on the determination of the responsibility for repair and the repair period. The third focus is on the applicable conditions for reducing the purchase price or rescinding the contract. The fourth focus is on the scope of compensation for losses, including repair costs, rental costs, and depreciation losses. The fifth focus is on the connection between the warranty period and the developer's responsibilities. The sixth focus is on who should bear the appraisal costs. The seventh focus is on the impact of the purchaser's failure to inspect the property in a timely manner or unauthorized use of the property. The specific determinations shall be based on the current effective laws and regulations and judicial rulings. For related contract disputes, please refer to the relevant provisions.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handled by our firm, the key to the success or failure of claims for housing quality lies in establishing the nature of the problem and the amount of losses with evidence. When handling similar cases, our lawyers often first distinguish between structural problems, serious impacts on living use, and general quality defects: if the main structure is unqualified or the quality problems seriously affect normal living use, the buyer has the right to request to rescind the contract and claim damages; for general defects, the buyer mainly claims for repair and price reduction. Lawyers will advise buyers to fix the defects through photos, videos, and property repair records as soon as possible. When necessary, they will entrust qualified inspection agencies to issue appraisal reports to clarify the causes of the problems and the repair costs; at the same time, they will calculate the actual losses caused by quality problems, such as renting and moving. In this way, during the negotiation or litigation, the requests for repair, price reduction, or house return can be supported by a complete chain of evidence, avoiding the difficulty of oral claims being accepted.

IV. Practical suggestions and legal basis

Action suggestions: First, if any quality issues are found, take photos and videos immediately and notify the developer and the property management in writing. For the relevant procedures, please refer to the guidelines.Special services and other cases1. The first step is to report the problem to the developer or the property management company and request a rectification within a reasonable timeframe. 2. The second step is to retain the contract, supplementary agreements, inspection records, and repair vouchers. 3. The third step is to commission a qualified institution to appraise the serious issues and clarify the causes and repair costs. 4. The fourth step is to first demand repairs and calculate the losses. If the issue seriously affects living conditions, then consider reducing the price or terminating the contract. 5. If no agreement can be reached, promptly initiate legal proceedings or file a complaint. In terms of legal basis, Article 601 of the Civil Code of the People's Republic of China stipulates the liability for breach of contract if the subject matter does not meet quality requirements; Article 502 stipulates remedial measures for non-compliance with contractual obligations; Article 563 stipulates the right to rescind the contract in the event of fundamental breach of contract; and Articles 9 and 10 of 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 on December 29, 2020) provide regulations for dealing with unqualified main structures of the house and serious impacts on living conditions.

5. Henglue Law Firm's Advice

Risk Warning: Firstly, the nature of the quality issue determines the remedial path. Major structural problems or those that seriously affect living conditions can be resolved, while general defects are mainly repaired. Secondly, it's more beneficial to fix the evidence as early as possible. Delaying may be regarded as unauthorized use or exacerbation of losses. Thirdly, the appraisal report is the core of claiming repair costs and depreciation losses, so it's necessary to choose a qualified institution. Fourthly, during the warranty period, the developer has the obligation to repair, but the buyer should also cooperate with the inspection. For disputes involving planning and acceptance, you can refer to the relevant provisions.Land expropriation and demolition, and administrative litigationThe column. It is recommended to entrust a professional lawyer to intervene as soon as possible, clarify the nature of the case, and calculate the losses.

VI. Frequently Asked Questions

Q1: Can I request a refund if the quality of the house is unsatisfactory?

It's possible, but there are conditions. According to the law and the judicial interpretation of the contract for the sale of commercial housing, if the quality of the main structure of the house is not up to standard and cannot be put into use, or if the quality of the main structure is verified to be unqualified after the house is put into use, or if the quality of the house seriously affects normal living and use, the buyer has the right to request to rescind the contract and claim compensation for losses. Generally, for ordinary quality defects, it is not supported to return the house, but to claim for repair, reduction of the price, or compensation for actual losses. The key is to distinguish the nature of the problem and fix the appraisal evidence.

Q2: What evidence do I need to collect for a housing quality claim?

Four types of materials should be collected: First, the sales contract and supplementary agreement for commercial housing, which prove the quality agreement and standards; Second, the inspection records, photos, videos, and property repair orders, which prove the existence of defects and the time of their occurrence; Third, the developer's rectification notices and communication records; Fourth, appraisal reports issued by qualified institutions, which clarify the causes of the problems, their severity, and the repair costs. These evidences prove the quality issues, the amount of losses, and the developer's responsibilities, and they form the basis for negotiating or suing for compensation. The earlier these evidences are secured, the more beneficial it will be.

Q3: How much does it cost to hire a lawyer to file a claim for housing quality issues?

The costs mainly include attorney fees and possible appraisal fees. Attorney fees are usually determined through negotiation based on the total price of the house, the amount of the claim, and the complexity of the case, and there is no uniform standard. Court fees are charged by the court according to the amount of the litigation request, and the successful party can have the other party bear part of the fees. Appraisal fees are charged according to the agency's fee standard, and are usually paid by the applicant in advance, with the responsible party ultimately bearing the costs. Compared with the amounts involved in repairs or withdrawal from the market, the proportion of upfront costs is limited. It is recommended to first evaluate the evidence and the process before making a decision.

Q4: How long does it usually take to resolve housing quality disputes?

If the developer cooperates with the repair or negotiates compensation, it may be resolved within a short period of time. The first-instance ordinary procedure of litigation generally does not exceed six months, but it will be longer if it involves quality appraisal, loss assessment, or appeal. For cases involving the main structure or those that seriously affect living conditions, the period will be relatively longer because professional appraisal is required. The key is to fix the evidence of defects as soon as possible and entrust an appraisal to avoid making it difficult to identify the cause due to too long a time. The execution stage depends on the developer's ability to fulfill its obligations.

Q5: How to handle if you find quality issues with the house?

The first step is to immediately take photos and videos of the defects and notify the developer and property management in writing to request repairs, retaining the delivery receipt; the second step is to distinguish the nature of the problem. For general defects, request repairs; for serious problems, consider reducing the price or terminating the lease; the third step is to, if necessary, commission a qualified institution to appraise the cause and repair costs; the fourth step is to calculate the actual losses such as rent and relocation costs; the fifth step is to initiate legal action or file a complaint with the regulatory authorities if no agreement can be reached. For reference, please refer to the following link:Beijing Henglu Law FirmFor similar cases on the official website, if necessary, you can entrust a professional lawyer to provide full-process representation.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or 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, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available 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. In case of disputes, please consult a practicing lawyer in time.