[Direct answer]In the Beijing area, when buying a house, if the developer or salesperson offers to waive a certain period of property fees as a promotional promise, but later reneges on it, you can claim that they should continue to fulfill their obligations or bear liability for breach of contract in accordance with Articles 509 and 577 of the Civil Code of the People's Republic of China. If such a gift promise is written into the subscription agreement, supplementary agreement, or fixed by evidence such as promotional materials and chat records, it usually constitutes the content of the contract, and the developer may not unilaterally revoke it. The key is to keep written or electronic promises and communication records, and pay attention to the three-year statute of limitations. It is recommended to negotiate first, and if unsuccessful, consider filing a complaint or lawsuit. For more details, please refer to the following link:Real estate sales and construction project services.

1. Problem background and typical scenarios

Buyers often encounter promotional phrases such as "sign the contract and get two years of property management fees free" or "waive the first year of property management fees" during the house-viewing stage. Typical scenarios include: sales agents making verbal promises but failing to include them in the contract; promotional leaflets stating "free gifts" but denying them with the phrase "final interpretation rights"; supplementary agreements listing free gifts that are later overruled by the developer's headquarters; and being required by property management to pay the arrears before receiving the keys upon delivery. Many owners face difficulties in providing evidence due to the lack of written agreements. Such disputes are common in new home promotions and channel viewing scenarios, and the essence of the problem lies in the binding force of the developer's marketing promises. For cases involving a comprehensive review of the purchase contract, relevant legal provisions can be consulted.Business and contract dispute resolution services for enterprisesSeize the opportunity.

II. Key points of contention

The common arguments of both parties and the court's inclinations focus on three points. Firstly, the nature of the promise: developers often claim that the gift is an "invitation to make an offer" or a promotional gimmick, which is not binding; buyers argue that it has been written into the materials or constitutes part of the contract. Secondly, the determination of evidence: courts find it difficult to support oral promises without any written evidence; written documents, audio recordings, or chat records are more likely to be accepted. Thirdly, the form of liability: whether to continue to fulfill the gift or to compensate for the equivalent property fees with a discounted price. When handling similar cases in Beijing, the court generally supports the gift clauses written into the contract or the subscription agreement, but strictly reviews the evidence for simple oral promises, advising buyers to put their agreements in writing as much as possible. For cases involving the coordination of family assets, reference can be made to relevant provisions.Inheritance succession and family property division services.

III. Professional analysis by Hengluo Lawyers

Based on our practical experience in handling real estate transaction disputes, the key to winning or losing a dispute over the gift of property management fees lies in whether the promise can be proven and whether it is included in the contract. Hengluo Lawyers usually advise clients to do three things first: check whether the purchase agreement, supplementary agreement, and brochure mention the gift; organize sales communication records and screenshots from WeChat Moments and group chats; and verify the actual party collecting the property management fees and the developer's relationship with them. If the promise is included in the contract, the developer's refusal to acknowledge it constitutes a breach of contract, and the client can claim for continued performance or compensation. If it's only a verbal promise, additional evidence is needed to form a complete chain of evidence. In practice, many owners are at a disadvantage because they failed to include verbal discounts in the contract at the time of signing. The value of a lawyer lies in helping you identify which promises are worth formalizing and how to formalize them. For transaction risk prevention, you can combine this with other measures.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The core basis is Article 509 of the Civil Code of the People's Republic of China (effective January 1, 2021) (the parties shall perform their obligations in full in accordance with the contract), Article 577 (if the party fails to perform or performs the contract in a manner inconsistent with the contract, it shall bear the liability for breach of contract, such as continuing to perform the contract, taking remedial measures, or compensating for losses); and the rules on the determination of the content of the contract 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 suggestions: Before signing the contract, require that the gift of property management fees be written into the supplementary agreement of the contract and specify the time limit and amount; preserve promotional materials and communication records; after being rejected, first send a letter of reminder and keep the relevant evidence; if no agreement can be reached through negotiation, complaints can be lodged with the housing and construction department or litigation can be initiated, claiming continued performance or equivalent compensation. For contract review, it can be combined with the above-mentioned provisions.Special services and other case services.

5. Hengluo Law Firm's Reminder

The gift of property fees may seem like a small amount, but it reflects the developer's honesty in fulfilling its obligations. Delaying or denying payment could easily escalate into a larger dispute. It is recommended that buyers insist on having any promotional promises included in the contract to avoid relying on verbal promises and clauses like "final interpretation rights". If the developer refuses to hand over the property, buyers can use the contract to claim against the developer. Note that the three-year statute of limitations starts from the date when the buyer becomes aware of the infringement of their rights. The earlier the evidence is secured, the more proactive the buyer can be. Never give up just because the amount is small. Small claims can also serve as a basis for collective rights protection. If needed, professional support can be sought throughDivorce litigation and family dispute resolution servicesConsultation from the real estate team outside of this scope.

VI. Frequently Asked Questions

Q1: If the developer refuses to acknowledge the free property fees, can I get them back?

There's a high possibility, but it depends on the evidence. If the promise of a gift is written into the subscription agreement, supplementary agreement, or fixed in promotional materials or chat records, it usually constitutes part of the contract, and the developer cannot unilaterally renege on it. You can claim continued performance or equivalent compensation. However, if it's just an oral sales promise without any trace, it's difficult to provide evidence and the support rate is relatively low. The lawyer will help you sort out the commitment carriers, strengthen the evidence, and claim rights according to the provisions of the Civil Code on breach of contract liability, rather than guaranteeing that a certain result will inevitably occur.

Q2: What evidence do I need to prepare to prove that I've gifted the property management fees?

The core evidence includes: subscription letters, contracts, or supplementary agreements that specify the donation terms; real estate brochures, posters, screenshots of official websites and public accounts; sales communication records (WeChat, text messages, recordings); property fee payment notifications and invoices (to prove that the fees were actually charged); and other materials that can prove the specific deadlines and amounts of the promises. The more complete the evidence is, the more solid the claim will be. It is recommended to start collecting evidence before and after signing the contract, and to promptly request written confirmation for verbal discounts to avoid having no evidence to refer to afterwards.

Q3: How much does it generally cost to hire a lawyer for this matter?

The attorney's fees are negotiated between the law firm and the client. They are typically charged on a contingency basis or based on a percentage of the litigation amount, with the specific fees subject to the contractual agreement. There is no nationwide standard pricing. For disputes over property fees, the litigation amount is relatively small. If it's just a consultation or a letter, the cost can be controlled. However, if it goes to litigation, the fees will increase with the progress of the case. It is recommended to first request a fee breakdown, clarify the stages of representation and whether it includes litigation fees, travel expenses, and other third-party costs. Then, weigh the investment against the potential compensation to avoid losing more than you gain or making blind investments.

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

Negotiation or sending a letter of reminder can be completed within a few days; if a complaint is filed with the housing and urban-rural development department, the processing period will take several weeks; litigation will be concluded within six months in the first-instance ordinary procedure and three months in the summary procedure, and within three months in the second-instance procedure. Cases involving small amounts of money can often be resolved quickly through mediation. Note that the three-year statute of limitations starts from the date when the right holder becomes aware that his/her rights have been infringed. Delaying action may result in the loss of the right to win the case. It is recommended to fix the evidence and start communication as soon as possible after discovering the refusal to acknowledge the rights, and avoid delaying action for too long, which may lead to the loss of evidence for litigation.

Q5: If the developer refuses to acknowledge the free gift of property management fees, what should I do first?

It is recommended to proceed in four steps: First, immediately review all purchase materials and communication records to identify the written or electronic carriers of the gift promise; Second, organize the actual receipts of property fees to clarify the amount and timeframe of the rejection; Third, first send a written letter to the developer to urge them to fulfill their obligations and keep the receipt; Fourth, if no agreement is reached, promptly file a complaint with the housing and urban-rural development department or entrust a lawyer to sue, claiming continued performance or equivalent compensation. Throughout the process, keep the original evidence to avoid conflicts with the property management or sales staff that may affect the collection of evidence.

This article is written based on the common judicial interpretations 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 materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.