[Direct answer]In the Beijing area, whether you can refuse to accept the house due to quality issues depends on whether the problem reaches the level of fundamental breach of contract. According to Articles 615 and 610 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the subject matter delivered by the seller does not meet the quality requirements, the buyer may require the seller to bear the breach of contract responsibilities such as repair, rework, replacement, return, reduction of the price, or compensation for losses. However, general quality defects do not necessarily give rise to the right to refuse acceptance. 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 the Sale of Commercial Housing Contracts (effective January 1, 2021), 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 rescind the contract, refuse to accept the house, and claim compensation. It is recommended to hire a house inspection team, take photos and make inspection records when accepting the house. If no agreement can be reached, the buyer should protect their rights according to law. For more details, please refer to the following link:Business and contract dispute resolution services for enterprises.

I. Problem background and typical scenarios

Buyers often have disputes with developers over quality issues during the house acceptance stage. Typical scenarios include: surface defects such as hollow walls, seepage, and cracked tiles in luxury apartments; problems affecting use such as poor sealing of doors and windows and cold floor heating; and more serious issues like unqualified main structures of the house, deviations of load-bearing walls, and settlement of the foundation. Many buyers directly refuse to accept the house and stop paying the balance when they find defects during the inspection, only to be counter-sued by the developer for breaching the contract by delaying acceptance. In practice, the legal consequences of general defects and fundamental breaches of contract are completely different. Confusing the two often leads buyers from being the party seeking protection to becoming the party in breach of contract. For disputes involving house ownership and transactions, the parties can refer to relevant laws and regulations for resolution.Real estate sales and construction project servicesEvaluate them together; if the quality causes personal or property damage, you can refer to it for reference.Personal injury and medical dispute services.

II. Key points of contention

The core disputes of housing quality disputes focus on three points. Firstly, the definition of the nature of defects: surface defects and defects in the main structure that seriously affect living use are evaluated completely differently in law. The former usually follows the path of repair and compensation, while the latter allows the contract to be rescinded. Secondly, the legitimacy of refusing to accept the house: whether the buyer can refuse to accept the house depends on whether the quality problems make it impossible to achieve the purpose of the contract. Refusing to accept the house on the grounds of general defects is easily regarded as a breach of contract. Thirdly, the scope of repair and compensation: including repair costs, rental losses due to quality problems, and relocation costs, which need to be supported by evidence. The controversy also lies in the risk that acceptance is regarded as approval. After the buyer accepts the house and signs the acceptance form, it may be regarded as approving the current situation. For contract review, you can refer to the relevant provisions of the contract law.Business and contract dispute resolution services for enterprisesThe judgment logic of the provisions in the contract.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling contract-related cases, the most common problem in housing quality disputes is the buyer's misguided actions. Many home buyers refuse to accept the house and stop paying the balance upon discovering issues such as hollow walls and water leakage, but they overlook the fact that the law only grants the right of rescission in cases where the main structure is unqualified or seriously affects living conditions. Superficial defects do not justify refusing to accept the house. According to Article 601 of the Civil Code on the liability system for breach of contract due to non-compliance with quality requirements, the correct approach for buyers is to first fix evidence, send a letter demanding repair and claiming compensation, rather than directly refusing to accept the house. Henglue Lawyers usually suggest the following: When receiving the house, have a professional inspection agency issue a report, take photos and videos of hollow walls and water leakage, and record them in writing; for suspected main structure issues, promptly apply for an appraisal by a qualified inspection agency, and use the appraisal conclusion as the key basis for determining whether to rescind the contract; negotiate a repair plan with the developer and retain communication records. For cases where the main structure is indeed unqualified or seriously affects living conditions, the buyer can legally claim to rescind the contract, return the house price, and claim compensation for interest and losses. For cases involving quality appraisal and litigation strategies, assistance can be sought from professional institutions.Special services and other case-related services.

IV. Practical suggestions and legal basis

The core basis is Article 601 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates the liability for breach of contract when the subject matter fails to meet quality requirements; Article 605 of the Civil Code (effective January 1, 2021), which stipulates the warranty for quality defects; and Article 606 of the Civil Code (effective January 1, 2021), which stipulates the handling of breach of contract due to non-compliance with quality requirements; as well as Article 9 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 and effective January 1, 2021), which stipulates that the contract may be rescinded if the main structure is unqualified, and Article 10, which stipulates that the contract may be rescinded and compensation may be claimed if the defects seriously affect the use of the house. Practical suggestions: Before accepting the house, hire a house inspector to record and photograph the defects item by item; apply for professional inspection of the main structure if there are doubts; first request repair and claim compensation in writing, and then seek rescission if it constitutes a fundamental breach of contract; keep the contract, payment receipts, house inspection reports, and communication records. For cases involving enforcement recovery of payments, relevant provisions may be referred to for reference.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

When facing housing quality issues, it is important not to take refusing to accept the house or suspending payment of the balance as the first response, as this may easily lead to breach of contract. The correct procedure is to first gather evidence, then send a letter of notification, and finally protect your rights: if the problem can be resolved through repair and compensation, prioritize negotiating repair and retaining the right to seek compensation; only when the main structure is unqualified or the quality issues seriously affect normal living use, consider terminating the contract and refusing to accept the house. When receiving the house, clearly mark any objections on the inspection form to avoid being regarded as having accepted them. If you are unsure about the test conclusions and loss calculations, consult a professional lawyer as soon as possible and choose the most cost-effective path to protect your rights in accordance with the law.

VI. Frequently Asked Questions

Q1: If there are quality issues with the house, can I directly refuse to accept it and request a refund for the deposit?

Not all quality issues warrant refusing to accept the house. According to relevant judicial interpretations, only when the main structure of the house is unqualified or the quality issues seriously affect normal living and use, can the buyer have the right to rescind the contract, refuse to accept the house, and claim compensation; general surface defects such as hollow walls, minor leakage, and cracked tiles belong to the scope of quality defect warranties, and the buyer can request repair, reduction of the purchase price, or compensation for losses, but in principle, this does not automatically give rise to the right to refuse to accept the house. Whether it is possible to refuse to accept the house depends on whether the seriousness of the quality issues leads to the failure to achieve the purpose of the contract. It is recommended to first have the quality issues inspected and identified by a professional institution, and then decide whether to rescind the contract to avoid rashly refusing to accept the house and being sued for breach of contract for late acceptance of the house.

Q2: If I claim that the house quality violates the contract, what evidence do I need to prepare?

The core evidence includes: the commercial housing sales contract and supplementary agreement (which specify the quality standards and warranty provisions); proof of payment of the purchase price; inspection reports issued by professional inspection agencies, which record items such as hollow walls, water leakage, and cracks; on-site photos, videos, and time stamps; letters, WeChat messages, and emails regarding repair communication with the developer or property management; if there are doubts about the main structure, a quality appraisal opinion issued by a qualified testing agency is also required; and invoices for repair costs incurred due to quality issues and proof of losses from renting alternative accommodation. The evidence should be organized around "what quality issues exist—whether there is a fundamental breach of contract—and what losses have been caused". The more complete the materials are, the more solid the claims for rescission or compensation will be.

Q3: Approximately how much does it cost to sue or protect one's rights due to housing quality issues?

The litigation fees are calculated in accordance with the "Measures for the Payment of Litigation Costs" based on the amount of the litigation request (such as the refund of the deposit upon check-out and the amount of compensation), and the losing party shall bear them. For cases involving simple quality repair and compensation with relatively small subject matters, the acceptance fees are limited. The attorney's fees depend on the complexity of the case and whether it involves inspection and appraisal or contract termination. They are usually charged on a per-case basis or according to the proportion of the subject matter, with the specific charges subject to the contract of engagement and there is no unified government pricing. If it is necessary to commission a professional inspection, appraisal fees will be incurred, which can generally be claimed to be borne by the responsible party. It is recommended to clarify the charging methods and scope with the law firm before entrusting the case, and to choose corresponding services for light-duty demands involving only repair and compensation claims to avoid a situation where the cost exceeds the amount of compensation that can be obtained.

Q4: How long does it usually take to resolve housing quality disputes and protect consumers' rights?

The negotiation for repair period is the shortest, and the implementation can be carried out once both parties reach an agreement. In terms of litigation, the first-instance summary procedure takes three months, and the ordinary procedure takes six months. Housing quality cases often apply the ordinary procedure or are extended due to the need for inspection and appraisal and the addition of parties. If there are major disputes over the appraisal report, the trial period will be further prolonged, and the overall process often takes several months to a year. Cases involving the termination of contracts also require handling the return of the housing payment and the connection with the loan, which is more complicated. It is recommended to first send a written letter to accelerate the negotiation, and if the negotiation fails, then file a lawsuit. At the same time, fix the inspection conclusions before the lawsuit to shorten the time spent on providing evidence during the trial.

Q5: If I find problems with the quality of the house, what should I do first?

It is recommended to follow four steps: First, immediately hire or entrust a professional inspection company to inspect the property, take photos and videos of all defects and issue a written report to avoid the current condition being altered after accepting the property; Second, clearly mark any objections on the acceptance form and refuse to sign it in a general manner, retaining the written objections; Third, send a letter to the developer or property management company demanding repairs and stating that the right to seek compensation and recourse will be reserved, keeping all communication records; Fourth, for suspected structural issues or problems that seriously affect living conditions, promptly apply for an inspection by a qualified institution and decide whether to negotiate repairs and compensation or request the termination of the contract based on the findings. Throughout the process, avoid directly refusing to accept the property or suspending the payment of the balance to avoid breaching the contract yourself. If legal support is needed, consult a lawyer as soon as possible.

The above answer is based on the judicial practice in Beijing. The judicial interpretations 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, to avoid missing the statutory time limits.Business and commercial legal services·Beijing Henglu 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 a dispute arises, please consult a practicing lawyer in time.