[Direct answer]In the Beijing area, if quality issues are found upon taking possession of the house, the buyer has the right, in accordance with the contract and the Civil Code of the People's Republic of China (effective January 1, 2021) and relevant judicial interpretations, to refuse to accept the house that does not meet the agreed conditions and require the developer to rectify the problems and bear the responsibility for the delay. However, whether the buyer can refuse to accept the house depends on whether the quality issues reach the level of "seriously affecting normal living and use" or do not meet the delivery conditions agreed upon in the contract. Generally, minor defects do not automatically exempt the buyer from the obligation to accept the house, and the buyer can request repair and claim compensation. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings. It is recommended to refer to the relevant provisions for further details.Property sales and construction projectsColumn.

I. Problem background and typical scenarios

The typical scenarios where buyers encounter quality problems during the house acceptance process include: first, obvious defects such as cracked walls and floors, water seepage and leakage; second, unqualified doors and windows, pipelines, and electrical circuits that affect use; third, developers notifying buyers to take possession of the house before obtaining the completion and acceptance filing; fourth, the house area and floor plan not matching the contract; fifth, inferior materials being used in luxury apartments. Many buyers are confused about whether accepting the house means acknowledging the defects. When handling similar cases in Beijing, the authorities usually distinguish between structural quality issues and general quality defects, and apply different rules for refusal of acceptance, repair, and compensation respectively. The relevant transaction risks can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

Focus I: The threshold for refusal. Houses with unqualified main structural quality or those that seriously affect living use can be refused; general defects should be claimed for repair after receiving the house. Focus II: Delivery conditions. Houses that have not passed the completion acceptance and filing do not meet the statutory delivery conditions, and buyers can refuse to accept them. Focus III: Liability for delay. During the period of refusal due to quality issues, the developer should still bear the liability for late delivery. Focus IV: Repair and compensation. After receiving the house, buyers can require the developer to repair it within a specified period and compensate for actual losses. Focus V: Evidence. Buyers need to keep the house inspection records, photos, communication letters, and inspection reports. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For cases involving mandatory rectification and enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Law Firm

Taking a housing delivery dispute handled by our firm as an example, it can be seen that developers often defend themselves by saying "they have already notified the buyer to move in and the quality defects do not affect the delivery", but the court will strictly review the delivery conditions. In the case of the developer's breach of contract for late delivery handled by Attorney Tian Jiaoyan, the buyer, Zhang Quan, signed a "Beijing Commercial Housing Pre-sale Contract" with Beijing A Real Estate to purchase a house with a total price of 6,841,972 yuan, with a delivery date agreed upon before June 15, 2023. The supplementary agreement granted a 90-day grace period and calculated the breach of contract penalty at 0.01% of the daily amount. However, A Company did not deliver the house until March 5, 2024, a delay of nearly 9 months. A Company claimed that factors such as the pandemic constituted force majeure and that the grace period could be cumulative, but the attorney pointed out that the contract was signed after the pandemic had become normalized and the developer should have foreseen this, so it did not constitute force majeure. The grace period should be strictly applied according to the contract. The court adopted the attorney's opinion and ruled that A Company should pay the full breach of contract penalty of 118,366.12 yuan and the litigation fees. This case highlights that developers' defenses in housing delivery disputes require rigorous evidence, and buyers should verify the contract and delivery conditions. This case was handled by Beijing Henglue Law Firm.Tian Jia YanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Our firm also handles a large number of cases involving delayed delivery and refunds for unfinished projects in housing and quality disputes. Experience shows that it is particularly crucial to conduct inspections and collect evidence before taking possession of the house.

IV. Practical suggestions and legal basis

Action recommendations: First, hire a professional house inspection team or conduct a thorough inspection yourself before accepting the house, and prepare a written inspection report with photos and videos; Second, if any major structural issues or problems that seriously affect living conditions are found, send a written letter to refuse to accept the house and demand rectification; Third, if the project has not obtained the completion and acceptance filing, you can directly refuse to accept the house and claim compensation for the delay; Fourth, if any general defects are found after accepting the house, promptly require the developer to repair them within a specified timeframe and retain the proof of the losses; Fifth, if no agreement can be reached, promptly file a lawsuit or initiate arbitration. For related procedures, please refer to the guidelines provided.Special services and other casesColum. In terms of legal basis, Articles 601 and 607 of the Civil Code of the People's Republic of China regulate the liability for breach of contract due to non-conforming quality, and Article 577 establishes remedies for breach of contract; Article 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 stipulates that if the quality of the main structure of the house is unqualified or seriously affects the normal use of living, the buyer may request to rescind the contract and claim damages; Article 12 of the same law stipulates the responsibility for repairing quality problems.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, not all defects can be rejected. Only those that seriously affect the living conditions can be rejected. For minor defects, it is better to claim compensation after accepting the house. Secondly, if the house is handed over before passing the completion acceptance and filing, it is not in a condition for delivery, and the buyer can refuse to accept it and claim compensation for the delay. Thirdly, the refusal to accept the house must be explicitly stated in writing and preserved as evidence. Otherwise, it may be deemed as tacit acceptance of the house. Fourthly, accepting the house does not mean waiving the right to claim compensation, but the buyer should claim repair and compensation in a timely manner to avoid further losses. It is recommended to fully inspect the house and fix the evidence before accepting it, and to seek legal advice if necessary.Land expropriation and demolition, and administrative litigationThe columns (those involving acceptance filing and administrative supervision can be verified simultaneously).

VI. Frequently Asked Questions

Q1: If I find quality issues when receiving the house, can I refuse to accept it?

It depends on the severity of the quality issues. According to Article 10 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commercial Housing Sales Contracts", if the quality of the main structure of the house is unqualified or the quality problems seriously affect the normal living and use, the buyer may refuse to accept the house and request to rescind the contract and compensate for the losses; general defects do not necessarily exempt the buyer from the obligation to accept the house, but the buyer may require the developer to repair and compensate within a specified period. Houses that have not obtained the completion and acceptance filing do not meet the statutory delivery conditions, and the buyer may also refuse to accept them.

Q2: What evidence should I prepare if I find quality issues when receiving the house?

The following items should be prepared: 1. Inspection records, photos, and videos documenting defects such as cracks, water leakage, and pipeline issues, along with their locations; 2. Move-in notifications and materials regarding the handover conditions issued by the developer; 3. A query into the completion and acceptance filing status to verify whether the property meets delivery requirements; 4. Written letters of refusal to accept the property or requests for repairs, along with proof of delivery; 5. Professional inspection reports (for major structural issues or those that severely affect habitability); 6. Communication records. The more specific the evidence is, the stronger the basis for refusing to accept the property or making claims will be.

Q3: How much does it cost to protect one's rights due to quality issues?

If only repair is required, the developer shall bear the rectification costs; if litigation or arbitration is involved, the litigation fees shall be charged in accordance with the amount of the claim and shall be borne by the losing party. The attorney's fees shall be negotiated based on the value of the house, the severity of the defects, and whether the contract is to be rescinded, and there is no unified standard. The inspection fees shall be prepaid by the applicant, and the successful party may claim that the developer shall bear them. It is recommended to first assess the nature of the defects and the value of the house, and then decide on the negotiation, repair, or litigation path.

Q4: How long does it usually take to resolve disputes over the quality of housing delivery?

The process of negotiating repairs typically takes several weeks to months; the first-instance litigation in ordinary procedures generally does not exceed six months, but may be extended by one to several months if quality appraisal is involved; the second-instance litigation takes about three months. Cases involving contract termination and compensation take longer due to the need to assess the value of the house and the losses. The execution of the judgment depends on the developer's ability to fulfill its obligations and the status of the property. The key is to conduct a thorough inspection of the house before taking possession, fix the evidence as soon as possible, and clarify the claims to avoid losses being exacerbated by delays.

Q5: What should I do if I encounter quality issues when receiving the house?

First, before taking possession of the house, hire a house inspection company or conduct a thorough inspection yourself, and prepare a written record and keep the evidence. Second, if any major structural issues or problems that seriously affect living conditions are found, send a written notice refusing to accept the house and demanding rectification. Third, if the house fails to pass the completion acceptance inspection and registration, directly refuse to accept it and claim compensation for the delay. Fourth, for general defects, promptly request repair within a specified period after taking possession of the house and keep the evidence of the losses. Fifth, if no agreement can be reached through negotiation, promptly file a lawsuit or initiate arbitration, and consult a professional lawyer to formulate a plan if necessary.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Tian Jiaoyan·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 a dispute arises, please consult a practicing lawyer in time.