[Direct answer]In the Beijing area, if the orientation of the property does not conform to the contract, it constitutes a breach of the developer's obligation to perform the contract for the sale of commercial housing as agreed upon. According to Article 577 of the Civil Code of the People's Republic of China on breach of contract liability and Article 563 on statutory right of rescission, you may require the developer to assume breach of contract liabilities such as continued performance, remedial measures, or compensation for losses; if the difference constitutes a fundamental breach of contract and affects the purpose of residence, you may claim to rescind the contract and request a refund. The key lies in promptly fixing the contract, promotional materials, and on-site evidence, and paying attention to the time limit for quality objections. It is recommended to consult a professional lawyer as soon as possible to assess the extent of the breach of contract and determine the path of legal protection. For more details, please refer to the following link:Real estate sales and construction project services.

1. Problem background and typical scenarios

In the purchase contract, there are often clear provisions on the floor plan, orientation, and location of the building, and some of them are also included in the supplementary agreement or promotional brochures. Typical scenarios include: when buying, the buyer is promised that "the apartment is well-ventilated with north-south exposure and the master bedroom faces south", but upon receiving the apartment, they find that the master bedroom actually faces north; the sales pitch does not match the floor plan in the contract annex; the developer unilaterally changes the contract terms on the grounds of "planning and design adjustments" without obtaining the buyer's consent. Such disputes often occur during the delivery of pre-sale apartments and the acceptance of luxury apartments. Buyers are often passive due to a lack of awareness of evidence collection. For disputes involving contract performance, the parties may refer to the relevant provisions of the contract to resolve the disputes.Business and contract dispute services for enterprisesEvaluate them together.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, determination of breach of contract: whether the orientation constitutes a material term of the contract depends on whether the legal provisions are specific and whether it affects the purpose of residence. Secondly, form of liability: whether it is repair, compensation in the form of a discount, or termination of the contract depends on the degree of breach of contract and the determination of fundamental breach of contract. Thirdly, the developer's defense: the developer often uses "planning adjustment" and "misstatement" as reasons to mitigate liability. In the judicial practice of Beijing courts, the court generally respects the autonomy of the parties' will regarding the house type and orientation clauses explicitly stipulated in the contract, and it is easier for the buyer to obtain support if the buyer provides sufficient evidence. In cases involving disputes over the validity of the contract, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Hengluo Lawyers

Taking the default dispute in the pre-sale contract for commercial housing represented by our firm as an example: On April 30, 2021, Zhang Quan signed the "Beijing City Commercial Housing Pre-sale Contract" with Beijing A Real Estate Company to purchase Unit 302 in a certain residential complex with a total price of 6,841,972 yuan, with delivery scheduled for June 15, 2023. The supplementary agreement granted a 90-day grace period, after which the buyer would pay a default penalty of 0.01% of the total price per day. However, A Company failed to deliver the property until March 5, 2024, nearly nine months after the deadline. Zhang Quan entrusted Attorney Tian Jiaoyan of Beijing Henglue Law Firm to sue the company, demanding a default penalty of 118,366.12 yuan for the period from September 14, 2023 to March 5, 2024. The core disputes focused on whether the pandemic constituted a force majeure, whether the grace period could be cumulative, and how to determine the default penalty standard. The attorney pointed out that the contract was signed in 2021, when the pandemic had already become a common occurrence, so it did not constitute a force majeure. The grace period should be strictly applied according to the contract terms, and the daily 0.01% penalty was a genuine expression of the parties' intention and not illegal. The court adopted the attorney's arguments and ruled that A Company should pay the full default penalty of 118,366.12 yuan and the litigation fees. This case was handled by Beijing Henglue Law Firm.Tian Jia YanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 577 (Liability for Breach of Contract) and Article 563 (Statutory Right of Termination) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the relevant provisions on quality and termination in 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. Practical advice: When signing the contract, include the orientation and layout of the apartment in the contract appendix and retain the promotional materials; when receiving the apartment, verify each item against the contract and take photos and videos; if any discrepancies are found, immediately send a letter of objection and retain the proof of delivery; if no agreement can be reached, promptly file a lawsuit and pay attention to the statute of limitations for quality objections. For disputes over the quality of the delivered housing, it can be combined with other relevant provisions.Real estate sales and construction project services.

5. Henglu Law Firm's Reminder

Although it may seem like a minor issue, the orientation mismatch often affects the overall plan for check-out, price discounts, and compensation. It is recommended to formalize key indicators in writing during the contract signing stage to avoid relying solely on verbal promises from sales representatives. Moreover, do not hastily sign the "no objection" confirmation form upon receiving the property. Once any issues are identified, it is crucial to secure evidence promptly and assert rights within the objection period, rather than delaying until the statute of limitations expires. If you need a professional assessment of the breach of contract and the feasibility of check-out, you can seek assistance from relevant professionals.Special services and other case servicesConnect with a lawyer.

VI. Frequently Asked Questions

Q1: The orientation of the house is different from what was stated in the contract. Can I hold the developer responsible for this?

Yes. If the orientation has been written into the contract or supplementary agreement and constitutes a clear agreement, the developer's failure to deliver as agreed constitutes a breach of contract. According to Article 577 of the Civil Code, the buyer may demand continued performance, remedial measures, or compensation for losses; if the differences are significant and affect the purpose of living, the buyer may also claim to rescind the contract and request a refund according to Article 563. However, whether the buyer can request a refund depends on whether it constitutes a fundamental breach of contract, which needs to be determined based on the contract and the degree of impact. Lawyers will provide practical solutions based on the evidence, rather than simply promising the outcome.

Q2: If the direction of the building does not comply with the requirements, what evidence should I prepare?

The core evidence includes: the sales contract for commercial housing and its supplementary agreements (including the provisions on floor plans and orientation), promotional brochures or sales commitment letters, floor plans and model room materials; on-site photos, videos, and verification records taken during the receipt of the house; WeChat messages, letters, and delivery receipts exchanged with the developer to raise objections; and similar evidence from other homeowners of the same floor plan. The more complete the evidence is, the better it can prove that the developer failed to fulfill its obligations according to the contract, and the greater the chances of successfully returning the house or claiming compensation.

Q3: How much does it cost to hire a lawyer for this type of dispute?

The attorney's fees are negotiated between the law firm and the client. They are typically charged on a per-case basis or as a percentage of the case value, with the specific charges subject to the contractual agreement. There is no nationwide standard pricing. In marriage and inheritance cases, risk-based representation is prohibited by law, while it may be applied in real estate breach of contract cases on a case-by-case basis. Court fees are calculated according to the "Measures for the Payment of Litigation Costs", which are accumulated in stages based on the value of the disputed subject matter and borne by the losing party. It is recommended to first understand the fee details and then weigh the costs against the potential benefits to be gained.

Q4: How long does it usually take from discovering the discrepancy to completing the processing?

If the dispute is resolved through negotiation or mediation, it can be settled within weeks to months; if it goes to litigation, the first-instance ordinary procedure will be completed within six months and the simplified procedure within three months. If appraisal or evaluation is involved, the timeframe will be extended accordingly. From the discovery of non-compliance to obtaining the results, the overall process often takes several months to half a year. The key lies in evidence preparation and the statute of limitations for objections. The earlier the evidence is fixed and the claims are asserted, the more controllable the processing cycle will be, and it can avoid delays that lead to difficulties in providing evidence.

Q5: If I find that the orientation of the house is incorrect when I receive it, what should I do first?

It is recommended to proceed in four steps: First, immediately compare the contract with the promotional materials and take photos and videos of the site to document the fact that the orientation does not match the contract; Second, send a written letter to the developer to raise objections and request a response, and keep the proof of delivery; Third, organize the contract, communication records, and evidence of the same apartment type to evaluate whether to claim compensation, accept a discount, or request a refund; Fourth, if no agreement is reached, consult a lawyer in time and consider suing. Pay attention to the objection period and the statute of limitations. Do not sign the "no objection" confirmation letter during the whole process.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions 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, so as to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Attorney Tian Jiayan·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.