[Direct answer]It's possible, but it depends on the severity of the problem. According to Articles 601 and 563 of the Civil Code of the People's Republic of China, if the quality of the house does not meet the requirements and results in the failure to achieve the purpose of the contract, the buyer may refuse to accept the subject matter or terminate the contract. According to the Judicial Interpretation of the Contract for the Sale of Commercial Housing, if the main structure of the house is unqualified and cannot be put into use, or if it is verified to be unqualified after being put into use, the buyer's request to terminate the contract and claim damages shall be supported. If the quality problems seriously affect the normal living and use, the buyer can also claim termination and compensation. The key is to rely on the quality appraisal made by a qualified institution to avoid claiming to return the house solely based on subjective judgment.

I. Problem background and typical scenarios

When receiving the house, if the load-bearing walls are cracked, the beams and columns are tilted, the floorboards are leaking, or the main structure is found to be unqualified after inspection after moving in, what the owners care most about is: whether they can return the house and claim compensation. The main structure is related to safety, and the law provides relatively clear remedies for such quality problems. However, whether they can return the house depends on the severity of the quality problems and the appraisal conclusion.

II. Key points of contention

First, the criteria for determining that the quality of the main structure is unqualified. Second, the statutory conditions for terminating the contract. Third, the relationship between repair, compensation, and termination. Fourth, how the procedures for providing evidence and conducting appraisals are carried out.

III. Professional analysis by Henglue Lawyers

First, the basis of statutory remedies: According to Article 610 of the Civil Code, if the subject matter fails to meet the quality requirements and thereby renders the contractual purpose unattainable, the buyer may refuse to accept it or rescind the contract; Article 563 stipulates the statutory circumstances under which the parties may rescind the contract. As commercial housing is the subject of the transaction, these rules also apply to it. Second, specific rules in the field of commercial housing: 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) clarifies that if the main structure of the house fails to meet the quality requirements and cannot be delivered for use, or if the main structure of the house is verified to be unqualified after delivery, the buyer's request for rescission of the contract and compensation for losses shall be supported; if the quality of the house seriously affects normal living and use, the buyer may also request rescission of the contract and compensation for losses. Third, the order of repair and compensation: If the quality problem can be repaired and does not affect safety, the buyer usually first claims repair and replacement and demands compensation for the losses caused thereby; if the quality problem reaches the level of unqualified main structure or seriously affects living conditions, it will then transition to rescission of the contract, return of the house and refund, and compensation. Beyond the third layer, it is also important to note that if the house delivered by the developer has quality defects, the buyer should raise objections within a reasonable period of time to avoid being deemed to have accepted the subject matter due to negligence in claiming rights. Fourth, evidence collection and procedures: The determination of quality problems relies heavily on professional appraisals, which can be commissioned by the buyer unilaterally or requested by the court in litigation. At the same time, it is necessary to preserve the contract and delivery documents, on-site records of quality problems, repair communication records, and proof of losses. For matters involving commercial housing sales and quality liability, reference can be made to the relevant provisions of the Civil Code and 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).Real estate transactions and construction projectsThe approach to handling plate issues; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to promptly notify the developer in writing of any quality issues, request an inspection and repair, and retain relevant records. The second step is to commission a qualified agency to conduct an appraisal to determine whether the main structure is unqualified or seriously affecting living conditions. The third step is, if the legal conditions are met, to claim to terminate the contract, refund the purchase price, and compensate for losses; if the conditions are not met, to first claim for repair and compensation. The fourth step is to pay attention to the statute of limitations and evidence preservation, and if necessary, to file a lawsuit and apply for an appraisal. The main legal basis includes: Article 563, Article 610, and Article 577 of the Civil Code of the People's Republic of China; the provisions on the quality of the main structure and contract termination in 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 (amended in 2020); and the Regulations on Quality Management of Construction Projects. Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

The three key points of the main structure for checking out of a house are: whether the house can be refunded depends on the severity of the quality problems, and the appraisal conclusion is the dividing line; if the house can be repaired, compensation should be paid first; if the house fails to meet the standards or seriously affects living conditions, the buyer can check out of the house; after receiving the house, the buyer should raise objections in writing in a timely manner, so as not to let silence become tacit acceptance. For disputes involving the quality of commercial housing and the withdrawal of the house, the buyer can resort to legal means to safeguard their legitimate rights and interests.Real estate transactions and construction projectsObtain an overall solution for the service, involving the combination of contract effectivenessBusiness and contract disputes in enterprisesA reference for the implementation of refunds involving plateausCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: If the main structure of the house is unqualified, can I definitely get a refund for the deposit and move out of the house?

Generally, it is possible. According to the judicial interpretation, if the quality of the main structure is not up to standard and cannot be put into use, or if it is found to be unqualified after inspection after delivery, the buyer may request to rescind the contract and claim compensation for losses.

Q2: Can I return the house if there are ordinary quality problems?

For quality issues that do not affect the quality of living use, we usually first propose repair and compensation; only when the issues seriously affect normal living use, may we support the termination of the contract.

Q3: Is it necessary to do the appraisal?

Whether the main structure is qualified is a professional issue. The appraisal opinion is the core evidence. It is recommended to entrust a qualified institution or apply to the court for an appraisal.

Q4: How much compensation can I get when checking out?

You can claim actual losses such as the paid housing price and interest, decoration losses, and temporary relocation expenses, etc. The specific claims shall be based on the contractual provisions and actual circumstances.

Q5: What will happen if I don't raise objections in time?

They may be deemed to have accepted the subject matter or failed to assert their rights, which will affect the effectiveness of the remedy. If any quality issues are found, they should notify the seller in writing as soon as possible and preserve the relevant evidence.

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 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 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. If you encounter disputes, please consult a practicing lawyer in time.