[Direct answer]When receiving the house and discovering quality issues, it is necessary to prioritize them according to their severity. If the quality of the main structure of the house is unqualified or the quality problems seriously affect normal living and use, the buyer may refuse to accept the house, request rectification, and claim the liability for breach of contract due to late delivery of the house in accordance with Articles 563 and 577 of the Civil Code. If necessary, the buyer may terminate the contract, return the purchase price, and claim compensation for losses. For general quality defects, the buyer may require the developer to repair them within the warranty period and claim rectification and compensation in accordance with the Warranty Clauses of the Regulations on Quality Management of Construction Projects and the Contract for the Sale of Commercial Houses. The key points are to inspect the house first, keep all relevant evidence throughout the process, and send a written letter of reminder. For more information, please refer to the relevant legal provisions.Legal services for real estate transactions and construction projectsAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

During the new house delivery season, owners are full of anticipation for receiving their homes, but often encounter unexpected problems: cracked walls, leaking bathrooms, hollow floors, poorly sealed doors and windows, clogged pipes, and even deviations in the main structure and hidden risks in load-bearing walls. Typical scenarios include: developers notifying owners to receive the houses, but owners finding multiple quality problems during the inspection; developers requiring owners to sign the receipt first and then repair the problems; owners discovering hidden water leaks after moving in, but developers blaming it on the warranty expiring or attributing it to the owners' renovations; and owners collectively refusing to accept the houses due to the overall poor quality of the project. Such disputes are difficult to resolve due to the need to fix evidence and determine causality. If handled improperly, owners may fall into the passive situation of being deemed to have accepted the houses once they sign the receipt.

II. Key points of contention

The disputes over quality issues mainly focus on three aspects: Firstly, whether the quality problems seriously affect normal living and use. The relevant judicial interpretations of the Supreme People's Court stipulate that the unqualified main structure and serious quality problems affecting living conditions can be used as grounds for rescission, while general defects are not included. The court will judge based on the appraisal and the impact on living conditions. Secondly, the causality and the responsible subject. Whether the water leakage is caused by construction defects or the owner's decoration, and whether the responsibility lies with the developer or the contractor, often becomes a focus of evasion. This needs to be determined through appraisal and evidence. Thirdly, the warranty period and the obligation of mitigation of damages. If the owner discovers quality problems, he/she should notify the developer in time and prevent the damage from expanding. If the developer defends against the claim by arguing that the warranty period has expired or that the owner has used the property improperly, the developer needs to provide evidence to support his/her claim. Fourthly, the clause of "receiving the house first and then repairing it" cannot exempt the developer from the responsibility for the main structure quality.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers observed in housing quality and delivery disputes that owners are most likely to suffer losses due to their hasty acceptance of the house. Developers often pressure owners by threatening to withhold the keys if they fail to sign the acceptance agreement, or by affecting household registration and school enrollment. After signing the agreement, owners are often deemed to have accepted the current state of the house, making it much more difficult to claim for major quality issues later. Lawyers suggest the following: 1. Hire a professional inspection agency to issue an inspection report before accepting the house; 2. Resolutely refuse to accept the house if there are problems with the main structure or severe water leakage, and keep the refusal in writing; 3. Record general defects item by item in the inspection report to avoid accepting the house in a generalized manner. In terms of litigation strategy, whether the quality issues meet the standard for rescission often requires judicial appraisal. Owners should evaluate the cost of appraisal and the likelihood of winning the case in advance; for developers' negligence in repairing the issues, owners can claim for repair costs and temporary housing losses. In cases involving neighboring damage or property liability, owners can also pursue legal action against the developer.Personal injury and medical dispute servicesCarry out cross-checks on safety standards.

IV. Practical suggestions and legal basis

Legal basis: Article 615 of the Civil Code (effective January 1, 2021) stipulates that the seller shall deliver the subject matter in accordance with the agreed quality requirements; Article 617 provides that if the quality does not meet the agreed requirements, the buyer may demand the seller to bear breach of contract liability in accordance with the rules; Article 621 stipulates the inspection period; Articles 563, 566, and 577 provide the basis for rescinding the contract and seeking remedies for breach of contract. The "Regulations on Quality Management of Construction Projects" (effective January 30, 2000) specifies the minimum warranty period (5 years for roof waterproofing and waterproofing requirements in bathrooms; 2 years for electrical wiring, water supply and drainage pipes, equipment installation, and decoration projects). The "Measures for the Management of Commercial Housing Sales" (effective June 1, 2001) requires developers to provide two warranty books and assume warranty responsibilities upon delivery. Practical suggestions: Insist on inspecting the house before accepting it and keeping all relevant documents throughout the process; immediately reject the house and notify the seller in writing if any major quality issues are found; send a letter to urge the seller to address the issues within the warranty period and keep the invoices for relevant expenses; if no agreement can be reached, initiate litigation or arbitration according to the contract and, if necessary, apply for a quality appraisal.

5. Henglu Law Firm's Advice

The core principles of disputes over the quality of housing acceptance are pre-inspection and full-process evidence collection. Henglue Lawyers advise: Do not sign on blank or general acceptance forms. Any problems should be noted item by item on the inspection form and photographed or videotaped. Refuse to accept the house firmly if there are major structural problems, and keep records of minor defects before accepting it. The start of the warranty period and the recovery of repair costs all depend on a complete chain of evidence. When encountering developers' tactics of accepting the house first and repairing it later, or mass quality incidents, it is necessary to keep calm and collect evidence in a unified manner. Evidence and time limits are crucial in such cases. It is recommended to consult professional lawyers as soon as possible about strategies for house inspection, sending letters, and litigation. You can start with the following steps:Beijing Henglue Law FirmUnderstand the key points of remedies for disputes over the quality of housing delivery, and combine them with other measures when necessary.Legal services for real estate transactions and construction projectsDevelop a plan.

VI. Frequently Asked Questions

Q1: If I find wall cracks and water leakage when receiving the house, can I directly refuse to accept it?

It depends on the nature of the problem. If the quality of the main structure is unqualified or the quality problems seriously affect normal living use, the buyer has the right to refuse to accept the house and require the developer to bear the breach of contract liability for late delivery until the repair is qualified. General quality defects (such as minor cracks in the wall, local hollowing, and leaky doors and windows) do not constitute statutory grounds for refusal to accept the house. After accepting the house, the owner can still request repair within the warranty period. In practice, it is necessary to insist on inspection before acceptance: check the "Housing Quality Guarantee Booklet", "Housing Use Manual" and the completion acceptance record, and note down any obvious defects on the inspection form, take photos and videos, and refuse to sign the acceptance form for the house without quality problems; if it is necessary to accept the house first, it is necessary to note that the right to pursue quality liability is reserved. For cases involving late delivery, it can be compared with the contract provisions.Creditor-debtor relations and enforcement case servicesClaim compensation for breach of contract.

Q2: The developer has been delaying fixing the quality issues. What should I do?

The process can be divided into three steps. First, send a written notice: Send a letter via EMS or other traceable methods, specifying the quality issues and requiring the developer to repair them within a specified timeframe. Keep the receipt, photos, and videos as evidence to prove that you have fulfilled your notification obligations. Second, repair the issues yourself and seek compensation: According to the contract and the "Regulations on Quality Management of Construction Projects", if the developer refuses to repair the issues within the warranty period or the repairs fail repeatedly, the owner can repair the issues themselves or hire a third party to do so. They can claim reasonable expenses from the developer, but they should fix the quotation and invoices in advance to avoid the expenses being deemed unreasonable. Third, claim breach of contract and compensation: If the quality issues result in delayed delivery or unserviceability, the owner can demand payment of the breach of contract penalty for delayed delivery, rental losses, etc. If no agreement can be reached, file a lawsuit or arbitration according to the contract's dispute resolution clauses. For group-level quality issues, additional attention should also be paid.Special services and other case servicesThe collective rights protection path in China.

Q3: How serious do the quality issues have to be before you can request a refund for the accommodation?

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 Commercial Housing Sales Contracts" (amended on December 29, 2020), the buyer may request to rescind the contract only under two circumstances: first, the main structure of the house is of unsatisfactory quality and is confirmed to be unqualified after inspection; second, the quality of the house seriously affects normal living and use. Generally, cracks, hollow spaces, and local seepage do not constitute grounds for returning the house, and the buyer can only request repair and compensation. Whether it seriously affects living conditions needs to be judged comprehensively based on the parts (such as the load-bearing structure and the main sewage pipes in the bathroom), the degree of the problem, and the appraisal opinion. The court is relatively cautious in making judgments. If the owner claims to return the house, he/she should entrust a qualified institution to appraise and fix the report, proving that the problem is not a general defect and has seriously affected the safety or living function of the house. Otherwise, the claim will be easily rejected, and the court will only support repair and breach of contract compensation.

Q4: If I discover hidden quality issues after receiving the house, can I still claim compensation from the developer?

Yes, as long as it is within the warranty period and not due to the owner's fault. The statutory minimum warranty period for roof waterproofing, bathroom waterproofing against leakage, and electrical wiring, water supply and drainage pipes, and decoration projects is 5 years, starting from the date of passing the completion and acceptance inspection. For hidden leaks and hidden wiring problems that occur during the warranty period, even if they are not discovered upon receipt of the house, the developer should still repair them free of charge. For losses caused by quality problems (such as water damage to decorations and furniture), the owner can claim compensation together. The owner needs to prove that the problem occurred during the warranty period and was a construction defect rather than due to their own decoration or improper use. It is recommended to keep the house inspection report and records and timestamps of the first discovery of the problem after moving in. Beyond the warranty period, the owner can only rely on the contract provisions or claim the developer's liability for fraudulent delivery of defective products. In this case, the burden of proof is higher, so it is advisable to consult a professional lawyer as soon as possible.

Q5: Is it necessary to hire a professional home inspector when receiving the house, and who will bear the cost of the inspection?

It is recommended to hire a professional home inspection company, especially for new unfinished or fully-furnished homes. Professional inspectors can detect problems such as hollow walls, water leakage, piping issues, and uneven floors that are difficult to detect with the naked eye. The inspection report can be used as evidence for subsequent legal protection, and the cost is usually borne by the homeowner (as an optional post-purchase expense). If the inspection reveals structural issues or quality problems that seriously affect living conditions, the homeowner can refuse to accept the property and claim that the developer should bear the responsibility for delayed delivery. Although the inspection fee itself is not directly transferred to the developer, it can be considered as a cost of legal protection during negotiations. For fully-furnished homes, it is also necessary to verify the decoration standards and brands specified in the contract. If there are discrepancies, the homeowner can claim breach of contract according to Articles 577 and 615 of the Civil Code. When choosing an inspection company, it is necessary to check their qualifications and past case studies. The inspection report must be objective, supported by photos and data, in order to be admitted as evidence in litigation.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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