[Direct answer]If there are quality defects such as leakage and wall cracks in second-hand houses, there are two ways to claim compensation according to the circumstances: if the house delivered by the seller does not meet the agreed quality requirements, the buyer may, in accordance with Article 617 of the Civil Code, request repair, reduction of the price or compensation for losses; if the seller knows about the major defects but intentionally conceals them, constituting fraud, the buyer may, within one year from the date of knowing the facts, request to rescind the contract, return the purchase price and claim compensation. The key is to inspect the house in time and fix the evidence. For more details, please refer to the following link:Real estate sales and purchases | Legal services for construction projectsAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

Most second-hand houses are old ones that have been used for many years. It's very common to find problems after moving in: water leakage in bathrooms and balconies, cracking walls or load-bearing structures, aging and bursting pipes, sinking floors, and even discovering that the house has undergone major renovations due to water leaks after moving in. Most disputes occur within a few months after the transfer of ownership: buyers believe that sellers and real estate agents intentionally concealed the problems, while sellers argue that "the house is just old, and this is normal for old houses". Real estate agents evade responsibility by saying "we only arrange transactions, not responsible for quality". The key dividing line of such cases is: whether the defects are general quality defects or major defects; whether the seller knew about them and intentionally concealed them; and whether the buyer raised objections in a timely manner after discovering them. These three factors directly determine the direction of protecting rights - whether to reduce the price and claim compensation, repair and compensate, or rescind the contract and withdraw from the purchase. The handling methods and evidentiary focuses are completely different.

II. Key points of contention

  • Evidence of the degree and causes of defects: It is necessary to rely on the inspection report and the appraisal opinion to prove the objective existence of the defects and their causes, and to distinguish between natural aging and structural defects, as well as existing defects before delivery and new ones after delivery.
  • Determination of the seller's "knowledge and concealment": Chat records, neighbor's testimonies, maintenance records, listing descriptions, etc. can prove that the seller was aware of the situation, constituting a fraudulent rescissible contract.
  • The time limit for objections and the exclusion period: If any defects are found, they should be promptly raised in writing; if the party wishes to rescind the contract, they must exercise their right within one year from the date they become aware of the grounds for rescission (Article 152 of the Civil Code).

III. Professional analysis by Henglue Lawyers

According to Henglue Lawyer's analysis, claims for quality defects should first be "qualitatively defined" and then "quantitatively determined". Qualitatively, there are two lines of defense: First, the breach of contract line. If the quality of the house delivered by the seller does not meet the contractual requirements or the standards for normal living and use, the buyer may request repair, price reduction, or compensation for losses (Articles 615, 617, and 582 of the Civil Code). If the defects seriously affect the living conditions and make the contractual purpose impossible to achieve, the buyer may also claim to rescind the contract. Second, the fraud line. If the seller knows that the house has serious leakage and structural problems but still conceals them during the transaction, or even promises in writing that "there has never been any water leakage", this constitutes fraud. The buyer may, within one year from the date of knowing the grounds for rescission, sue to rescind the contract, return the property to each other, and claim compensation for losses (Articles 148 and 152 of the Civil Code). Quantitatively, the court usually determines the compensation amount by referring to the inspection report, appraisal opinion, and repair quotation. The repair fees, appraisal fees, and reasonable expenses for renting outside during the period when the house cannot be lived in normally can all be included in the claim scope. For leakage and cracks with disputed causes, it is necessary to apply for judicial appraisal in time. Delaying the appraisal not only makes it difficult to calculate the losses, but also may make it impossible to determine the causes due to the deepening of usage and decoration traces. 恒略律师分析称，质量瑕疵索赔要先“定性”再“定量”。定性上分两条线：一是违约线，卖方交付的房屋质量不符合约定或不符合正常居住使用标准的，买方可要求修理、减少价款、赔偿损失（《民法典》第615条、第617条、第582条），瑕疵严重影响居住致使合同目的不能实现的，还可主张解除合同；二是欺诈线，卖方明知房屋存在严重渗漏、结构问题仍在交易中隐瞒，甚至书面承诺“从未漏水”的，构成欺诈，买方可自知道撤销事由之日起一年内诉请撤销合同、互相返还并索赔损失（《民法典》第148条、第152条）。定量上，法院通常参照验房报告、鉴定意见与维修报价酌定赔偿金额，维修费、鉴定费以及房屋无法正常居住期间在外租房的合理支出均可列入主张范围；对成因有争议的渗漏、裂缝，应及时申请司法鉴定，拖延不仅损失难以计算，还可能因使用与装修痕迹加深而无法查明成因。

IV. Practical suggestions and legal basis

It is recommended to follow four steps: 1. Before taking possession of the property, commission a professional inspection agency to issue a report and take photos and videos to document the current condition of the house. 2. After discovering any issues, promptly notify the seller and the real estate agent in writing, demanding an explanation and setting a deadline for repairs. 3. If no agreement can be reached, file a lawsuit based on the inspection report, payment receipts, and communication records, and apply for a quality appraisal if necessary. 4. If there are clues indicating that the seller concealed information, assess the feasibility of revoking the contract and claiming a refund based on fraud. **Main legal basis**: Article 615 of the Civil Code (Delivery of the subject matter in accordance with the agreed quality); Article 617 (Liability for breach of contract if the quality does not meet the agreed requirements); Article 582 (Liability for repair, redelivery, price reduction, etc.); Article 148 (Civil legal acts based on fraud can be revoked); Article 152 (One-year statute of limitations for revocation rights and a maximum period of five years); Article 577 (General provisions on liability for breach of contract). For the handling of similar contract disputes, you can also refer to the following guidelines:Business and Commercial | Legal Services for Contract Disputes.

5. Henglue Law Firm's Advice

Second-hand houses are large-scale transactions where buyers "view the house for a while and live in it for many years". Inspection of the house and written documentation are the strongest safeguards for buyers: verbal promises such as "there will definitely be no water leakage" are almost impossible to prove. Only quality commitments and breach of contract liabilities written into the contract's supplementary clauses are binding. When signing the contract, include clauses such as "no leakage, no structural problems"; after receiving the house, first send a letter to document the problems and then arrange for repairs. Never carry out major repairs on your own, as this may make it impossible to identify the root cause of the problems; communicate with the seller and the agent as much as possible in writing. If the seller makes excuses or the agent avoids the issue, seek advice as soon as possible.Beijing Henglue Law FirmAfter evaluating the plan, if the statute of limitations has passed or the evidence has been lost, it will be much more difficult to protect one's rights.

Q1: The second-hand house has water leakage, and the seller once promised that "it would never leak". Can I ask for a refund for the house?

There are two scenarios: if the leakage can be repaired and does not seriously affect living conditions, the court generally handles it as a breach of contract, supporting the repair costs, reducing the purchase price, or providing compensation, but not supporting the buyer's request to withdraw from the contract. If the water leakage recurs repeatedly, there are major defects in the hidden works, and it can be proven that the seller knew about it but intentionally concealed it and made false promises, it may constitute fraud. According to Article 148 of the Civil Code, the buyer can request to rescind the contract, return the purchase price, and compensate for losses such as decoration costs. Note that the right of rescission must be exercised within one year from the date of discovering the deception, and the evidence should include chat records, repair records, and other clues that prove the seller's "knowledge of the situation".

Q2: I only discovered wall cracks several months after the transfer of ownership. Can I still hold the seller accountable for this?

It can still be claimed, but it will be more difficult. The law does not prohibit raising quality objections after taking possession of the house, but the buyer should raise them within a reasonable time limit. The longer the time is, the harder it is to prove that the defects existed before the delivery, and the harder it is to exclude the factors of the buyer's own use or decoration. It is recommended to immediately entrust an appraisal agency to identify the causes and formation time of the cracks. If the conclusion shows that they are pre-existing problems, the buyer can require the seller to bear the responsibility for repair or compensation according to Article 617 of the Civil Code. The original inspection records, communication records with the seller, and testimonies from neighbors on the same floor are all key evidence, and they should be collected and fixed as soon as possible.

Q3: Is it necessary to conduct an appraisal for housing quality disputes? Who will bear the appraisal fees?

When the parties have significant disputes over the causes of the defects or the repair costs, it is usually necessary to apply for a judicial appraisal. The court will entrust a qualified institution to issue opinions on the causes of the leakage, the structural safety, and the repair plan and costs. The appraisal fees are generally paid in advance by the applicant, and the court will ultimately order the party at fault to bear the costs according to the proportion of responsibility or the outcome of the litigation. If the appraisal opinion supports the claim, the repair costs, appraisal fees, and reasonable rental losses can all be supported. For minor defects and costs that can be calculated intuitively, the applicant can claim based on the repair invoice and quotation list. Not all cases require appraisal, and the lawyer can first evaluate the case.

Q4: If the agent knew that the house had water leakage but failed to inform the buyer, should they bear legal responsibility?

It is necessary. According to Article 962 of the Civil Code, an agent shall truthfully report to the principal the matters concerning the conclusion of a contract. If the agent intentionally conceals important facts or provides false information, and damages the principal's interests, the agent shall not request payment of the remuneration and shall bear compensation liability. The buyer may require the agent to refund the agency fee and claim compensation for the losses caused by the concealment; if the agent colludes with the seller to conceal the information, the agent and the seller may be listed as defendants together. In practice, it is necessary to keep the introduction speech of the agent during the viewing, the description of the house page and the communication records, to prove that the agent knew the situation but did not disclose it.

Q5: How is the claim amount calculated? What else can I claim besides the repair costs?

Under the breach of contract scenario, the party may claim repair costs or the repair difference, appraisal fees, and reasonable expenses for renting accommodation outside during the period when the defects prevented normal living; if the contract is rescinded due to fraud, the party may claim direct losses such as the return of the purchase price, decoration investment, taxes, and interest. All amounts should be supported by corresponding documents such as invoices, contracts, and appraisal opinions. The court will determine the compensation amount based on the degree of fault and the scope of the defect's impact, and will not necessarily support the full amount. It is recommended that lawyers calculate the claim amount based on the evidence before making a determination. Making unrealistic demands may increase litigation costs and time costs.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm