[Direct answer]In the Beijing area, whether a buyer can request a refund for a house due to quality issues depends on the nature and severity of the defects. If the quality of the main structure is unqualified or seriously affects normal living use, the buyer can request to rescind the contract, return the house, and claim compensation for losses in accordance with Articles 9 and 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 Houses. However, for general quality defects, a refund is usually not supported, but the seller is required to repair the defects and provide compensation. For second-hand houses with an agreement on delivery as is, the judgment should be based on the hidden defects and the seller's obligation to disclose information. It is recommended to first entrust an appraisal to fix the evidence. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

After receiving the house or moving in, finding housing quality defects is a common dispute in real estate transactions. Typical scenarios include: wall cracks, water leaks, and pipeline blockages when new houses are delivered, leading owners to refuse to accept the house and demand a refund; luxury houses that differ significantly from the model rooms, with inferior materials being used instead; hidden problems such as structural water leakage, termites, and illegal construction being discovered after second-hand house transactions, with sellers claiming that they are not responsible for the property as it is sold as-is; and developers blaming owners for the obvious defects and refusing to take responsibility. Such disputes involve both the quality standards stipulated in the contract and the statutory warranty for defects. Evidence and appraisals often determine the outcome. Quality-related damages can be referenced to the following cases:Personal injury and medical dispute servicesThe method of providing evidence.

II. Key points of dispute

Such cases typically focus on three key issues. Firstly, the severity of the defects: whether the main structure is unqualified and seriously affects living conditions, or whether it is just a general quality defect, which directly determines whether the contract can be rescinded. Secondly, the causality and responsibility subject: whether the water leakage is caused by construction defects, material problems, or the owner's later renovation, which requires appraisal to distinguish. Developers often use the owner's renovation changes as a defense. Thirdly, the disclosure and concealment in second-hand housing: whether the seller truthfully discloses known hidden defects, and whether it constitutes fraud or a breach of the warranty of defects, which affects whether the buyer can withdraw from the contract or claim compensation. For contract disputes, please refer to the relevant provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers in handling property quality dispute cases shows that the key to winning or losing lies in whether the quality appraisal and proof of causality can be completed. From the perspective of the court, the court takes a cautious attitude towards the return of the house: generally, the court will first order the buyer to notify the developer or seller to repair the defects, and only when the main structure is unqualified or seriously affects the living conditions will the court support the termination of the contract. In practice, judges usually require the buyer to first provide evidence to notify the developer or seller to repair the defects, and if the other party fails to repair or refuses to repair, the judge will then determine the responsibility based on the appraisal report. Henglue Lawyers suggest that when receiving the house, it is necessary to make a house inspection record, take photos and videos of the defects, and send a written notice of rectification to the seller; for second-hand house transactions, major defects should be disclosed in the contract annexes. If the developer refuses to accept responsibility, the buyer can apply to the housing and construction department for mediation or file a lawsuit, and if necessary, seek legal assistance through other channels.Creditor-debtor relations and enforcement case servicesRecover the reimbursed expenses.

IV. Practical suggestions and legal basis

Legal basis: Article 615 and Article 616 of the Civil Code (effective January 1, 2021) stipulate that the seller shall deliver the subject matter in accordance with the quality requirements, and Article 617 clearly stipulates that the seller shall bear the liability for breach of contract if the quality does not conform to the agreed terms; Article 9 and 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 (amended in 2020) stipulate the withdrawal of the house if the main structure quality is unqualified and seriously affects the use of the house; and the Regulations on the Administration of Urban Real Estate Development and Operation, etc. regulate the quality standards of pre-sale houses. Practical suggestions: When signing the contract, clarify the quality standards, warranty period and withdrawal conditions, and use the model room as an annex to the contract; when receiving the house, hire a professional house inspector to inspect the house and record the defects in writing; if any problems are found, report them for repair and keep the records; in the transaction of second-hand houses, the current condition of the house, known defects and hidden liabilities shall be written into the contract. If there are obstacles in protecting rights, you can consult for help.Special services and other case-related servicesTeam.

5. Henglu Law Firm's Reminder

When facing housing quality issues, buyers should avoid two extremes: First, tolerating obvious defects and missing the opportunity to provide evidence and request a refund; Second, refusing to accept the house emotionally, suspending mortgage payments, or causing disturbances, which may lead to breach of contract on their part. Henglue Lawyers suggest that the correct approach is to conduct a house inspection, leave evidence, send a written notice, obtain a professional appraisal, and seek legal redress or compensation according to law. For general defects, it suffices to request repairs and compensation; for houses with unqualified main structures or serious living impacts, buyers can resolutely request a refund. Whether for new or second-hand houses, incorporating quality standards and defect disclosures into the contract is the most effective means of prevention. For case-specific assessments, please visit the Property Sales and Construction Project Legal Services page to learn about relevant services. For more details, please refer to the official website.Legal services for real estate transactions and construction projects.

VI. Frequently Asked Questions

Q1: The newly purchased luxury apartment has serious water leakage. Can I request a refund for the apartment?

It depends on whether the problem has seriously affected the normal use of the residence. According to Articles 9 and 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commodity Housing Sales Contracts, if the main structure of the house is unqualified and cannot be put into use, or if the main structure quality is verified to be unqualified after the house is put into use, and the house quality problems seriously affect the normal use of the residence, the buyer may request to rescind the contract and claim damages. If it is only a repairable defect such as general leakage or hollowing, the court usually does not support the return of the house, but orders the developer to repair it and compensate for the corresponding losses. It is recommended to first notify the developer in writing to report the repair, keep the images, and if necessary, entrust a qualified institution to appraise the house, so as to support the claim for returning the house with the appraisal conclusion.

Q2: After the transfer of the second-hand house, we found water leakage. Is the seller responsible for it?

It depends on whether the seller is aware of the situation and whether they have disclosed it truthfully. If the seller knowingly conceals hidden defects such as water leakage and structural hazards, the buyer can claim that the seller violated the warranty obligation for defects and even constituted fraud, and request to rescind the contract, return the house and refund the money, and compensate for losses. However, if the seller clearly delivered the house as is in the contract, disclosed known defects and allowed the buyer to inspect them, it will be more difficult for the buyer to claim to return the house. In practice, attention should be paid to the following points: before signing the contract, require the seller to confirm the current condition of the house and major defects in writing, and keep the records of the house inspection; if any problems are found after the transfer of ownership, fix the evidence as soon as possible and compare it with the statements made at the time of signing the contract. If any clues of fraud are found, promptly file a lawsuit to avoid exceeding the time limit for exercising the right of rescission.

Q3: The developer said it's just a minor problem and refuses to refund. How can I protect my rights?

First, distinguish the nature of the problem and don't easily accept the characterization of minor issues. The first step is to notify the developer in writing to report the repair and set a reasonable repair period, and keep the express receipt and communication records throughout the process; the second step is to entrust a qualified housing quality inspection agency to issue an appraisal report if the developer refuses or the repair still fails to meet standards, clarifying whether it is a structural problem or seriously affecting living conditions; the third step is to file a complaint with the housing and construction department or apply for arbitration and litigation with the contract, inspection records, and appraisal reports, demanding repair and compensation for the losses caused by the delay in delivery, and requesting to rescind the contract if it meets the statutory conditions. Note that don't unilaterally refuse to pay property fees or engage in disruptive behavior, otherwise you may breach the contract. Instead, focus the dispute on quality responsibilities and contractual agreements, and let professional lawyers organize evidence and claims.

Q4: If the house quality issues lead to a cancellation of the lease, how should the repaid mortgage be handled?

If the contract is terminated and the house is returned due to the developer's reasons, according to Articles 20 and 21 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over Commodity Housing Sales Contracts", the guarantee loan contract can be terminated simultaneously. The remaining principal and interest of the loan shall be repaid by the developer to the bank, and the buyer does not need to continue repaying the loan. The down payment paid and the principal and interest of the loan already repaid shall be refunded by the developer. If the second-hand house is terminated due to the seller's fraud, the loan contract shall be handled in accordance with the agreement with the bank and the judgment. Generally, the party in breach shall bear the corresponding return and compensation responsibilities. After returning the house, the buyer should promptly hold the effective documents to terminate the mortgage and loan contracts to avoid the bank continuing to charge interest or affecting the credit record; if the refund is not in place, the buyer may apply for forced execution, and if necessary, refer to the progress of the creditor-debtor and enforcement cases for assistance.

Q5: If I find quality issues when receiving the house, but I have already signed the house acceptance certificate, can I still request a refund?

There is still a possibility, but it all depends on whether the content of the acceptance certificate and the defects have been covered. If the acceptance certificate only confirms the completion of the handover and does not exempt or acknowledge the quality defects, and the defects are hidden or seriously affect the living conditions, the buyer can still request repair or rescission of the contract according to the judicial interpretation. However, if the acceptance certificate explicitly states that the house quality is intact and there are no disputes, and the buyer signs it after inspection, it may be deemed as an acknowledgement of the current state, making it more difficult to withdraw from the contract. In practice, it is recommended to insist on inspecting the house first and signing the document later when receiving the house; to record the defects on the spot and require rectification if any are found, and not to sign the acceptance certificate without reservation; if the certificate has been signed but major hidden dangers are found afterwards, it is necessary to commission an appraisal as soon as possible and collect evidence that was not discovered at the time of signing the contract, so as to assert rights in time to avoid losing the right to do so.

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, in order to avoid missing the statutory time limits.Legal services for real estate transactions·Beijing Henglue Law Firm