[Direct answer]In the Beijing area, continuous water leakage in basements is a serious quality defect that significantly affects normal use. Purchasers can first require the developer to rectify the problem and compensate according to the contract and Articles 617 and 577 of the Civil Code of the People's Republic of China. If the repair cannot be completed after a reasonable number of attempts, or if the water leakage renders the purpose of the contract (storage or use) completely futile, they can claim to rescind the purchase contract, return the house and refund the money, and seek compensation for related losses. Key evidence includes repair records, the number of repairs, and video footage of the continuous water leakage. It is recommended to report the repair in writing and keep the evidence as soon as possible. For more details, please refer to the following link:Real estate sales and construction project services.

1. Problem background and typical scenarios

After receiving the house or moving in, water leakage in houses with basements (including basement floors, semi-basements, and independent storage basements) is a frequent quality dispute. Typical scenarios include: continuous dampness on the walls and water seepage on the floor during the rainy season; backflow into pipe wells and lighting wells; repeated water leakage despite multiple repairs by the developer; and mold growth on stored items and structural hazards caused by water leakage. The parties often ask, "Can I get a refund if it still leaks after repair?" and "Is there nothing I can do but accept it?" For issues involving the main structure of the house and waterproofing warranties, the parties can seek legal assistance.Special services and other case servicesEvaluate them together.

II. Key points of contention

The focus of the dispute lies in three aspects. Firstly, whether the rectification measures have been implemented: developers often defend themselves by saying "the repairs have been completed", so buyers need to prove that the water leakage persists and has not been fundamentally resolved. Secondly, whether it constitutes a fundamental breach of contract: whether the leakage and seepage cause the basement to lose its agreed-upon function, determining whether to request a refund or just compensation for losses. Thirdly, warranty and liability: the statutory minimum warranty period for basement waterproofing projects is relatively long, and developers cannot evade their responsibilities by setting an excessively short warranty period. When handling similar cases in Beijing, the court places strict demands on the frequency of repair requests, repair records, and on-site images, and buyers need to provide continuous evidence to prove that the leakage has persisted. For cases involving project warranties, reference can be made to relevant legal provisions.Business and contract dispute resolution services for enterprises.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling housing quality and water leakage disputes in our firm, the most critical aspect of basement water leakage cases lies in the "continuity" of evidence. Hengluo Lawyers usually recommend the following: taking photos and videos of every leakage point upon receipt of the house and submitting a written repair request, requiring the developer to sign the receipt or leaving a record on the platform; verifying whether there are still leaks after each repair to form a chronological series of evidence; and entrusting professional institutions to identify the causes of repeated leakage (such as waterproofing defects, pipeline damage, and backflow of drainage). Lawyers will use the number of repairs and the duration of the leakage to demonstrate that "the contractual purpose cannot be achieved even after rectification", thereby claiming rescission; if rescission is not yet possible, they will claim a reduction in the purchase price, compensation for property losses, and additional waterproofing costs. It is strictly prohibited to make major alterations to the scene on one's own, as this may lead to disputes over causality. For loss calculations, relevant evidence can be combined with the above-mentioned evidence to determine the amount of compensation.Creditor-debtor relations and enforcement case servicesAdvance.

IV. Practical suggestions and legal basis

The core basis is Article 577 (Liability for Breach of Contract), Article 617 (Quality Non-Conformance with the Contract), and Article 563 (Statutory Grounds for Termination) of the Civil Code of the People's Republic of China (effective January 1, 2021); as well as Article 40 of the Regulations on Quality Management of Construction Projects regarding the minimum warranty period for roof waterproofing and parts with waterproofing requirements. Practical advice: When purchasing a house, pay attention to the waterproofing clauses and warranty terms of the basement; immediately report the leakage in writing and keep the evidence in video format, recording the results of each repair; if the leakage persists after reasonable rectification, commission an investigation into the causes and notify the other party of the intention to terminate the contract; if no agreement can be reached through negotiation, initiate legal proceedings to claim for the return of the house and refund, compensation for the items, and the cost of redoing the work. For matters involving the effectiveness of contract termination, relevant provisions can be referenced.Inheritance succession and family property division servicesCoordinate and plan things in an organized and efficient way to achieve the best results with the least effort.

5. Henglu Law Firm's Reminder

For the issue of water leakage in the basement and whether it can lead to a refund, the key point is not whether there is a leak, but whether it keeps leaking, cannot be repaired, and is unusable. It is recommended to document the timeline of reporting the problem, repairing it, and re-leaking it in detail to avoid oral communication leaving no trace. During the warranty period, the developer has the obligation to repair, but the buyer also has the obligation to mitigate damages and should not allow the loss to expand. Never disassemble the property on your own without leaving evidence or refuse to pay the full purchase price, otherwise you may be counter-sued for breach of contract. If you need professional support, you can refer to the following resources for reference:Divorce litigation and family dispute resolution servicesA real estate expertise team outside of this scope.

VI. Frequently Asked Questions

Q1: The basement has been leaking water continuously. Can I check out of the hotel now?

There is a legal path to follow, but evidence is needed. If the water leakage is a serious quality defect and the developer has repaired it multiple times but the leakage still persists, resulting in the basement losing its agreed-upon function, you can claim a fundamental breach of contract under the Civil Code, terminate the purchase contract, and request a refund. The outcome will depend on whether you can prove "continuous and ineffective rectification," rather than just a single instance of leakage. Lawyers will help you build this proof using repair records, the number of repairs, and a timeline of images, in order to secure a refund or a significant price reduction.

Q2: How to prove that the basement has been leaking water, and who should be responsible for the compensation? What preparations are needed for this?

The core evidence includes: the provisions on quality and warranty in the purchase contract; photos, videos, and time stamps of each water leakage incident; written repair requests, developer's repair records, and receipts; witness materials from third parties or property management; lists of moldy and damaged items and their value certificates; and, if necessary, commissioning a professional institution to conduct a leakage cause appraisal. The materials should form a continuous chain of "discovery - repair request - repair - re-leakage", and it is strictly prohibited to handle the matter verbally.

Q3: How much does it usually cost to hire a lawyer to file a lawsuit against the landlord for water leakage in the basement and request a refund for the rent?

The attorney's fees are negotiated between the law firm and the client. They are usually charged on a contingency basis or as a percentage of the litigation amount, with the specific fees subject to the terms of the client contract. There is no nationwide standard pricing. If the total price of the house is high and the amount of the dispute is large, fees may be charged on a proportional basis. If waterproofing or cause analysis is required, third-party fees will be incurred. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether litigation fees and appraisal fees are included, and then weigh the investment against the amount of the refund or compensation that can be claimed for the withdrawal of the house.

Q4: How long does it usually take from reporting a repair to successfully checking out of the hotel?

First, after consultation and a reasonable number of repairs (often requiring several months to prove sustainability), the case then proceeds to litigation. The first-instance ordinary procedure is completed within six months, and the simplified procedure is completed within three months. If the party is not satisfied with the judgment, they can appeal. The process will be prolonged if it involves leakage appraisal. Overall, it often takes more than half a year from the first repair request to the final ruling on the dispute. It is recommended to fix the evidence as soon as possible and send a letter to assert rights within the warranty period to avoid exceeding the warranty and litigation time limits.

Q5: If I find that the basement is constantly leaking water, what should I do first?

It is recommended to proceed in four steps: First, immediately take photos and videos of each leakage point and report the repair in writing, requiring the developer to sign for receipt or leaving a record on the platform; Second, after each repair, review whether there are still leaks and continuously accumulate time-series evidence; Third, if there are repeated leaks, commission a professional institution to identify the causes and send a letter of intent to terminate the contract or seek compensation; Fourth, if no agreement can be reached, promptly file a lawsuit and claim for a refund, a price reduction, or compensation for damages. Throughout the process, keep all materials and avoid damaging the scene. When necessary, hire a lawyer to coordinate the entire process.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.