Can the developer return or exchange a new house if cracks appear?

This article is reprinted from: Public Daily

On March 9th, netizen @Zhongyou85571 left a message on the “Leadership Message Board” of Public News, reporting: A unit in Building 17 of Hengxin Xihu Mingzhu Community in Changle County has serious quality issues that do not match promotional claims, including sagging floors, radiating cracks, and loose concrete at crack intersections. During previous negotiations with the developer, Hengxin immediately wanted to repair without further inspecting other units’ cracks, which we refused. We requested to cancel or exchange the unit. The construction archives of this community appear not to have been filed with the Urban Construction Archives, and no related records can be found.

Reply: The property ownership certificate has been issued; to cancel or exchange the unit, a court ruling is required.

The Changle County Housing and Urban-Rural Development Bureau responded that the owner purchased a fully furnished existing home in January this year and has already obtained the property ownership certificate. After receiving the report, the housing department immediately organized an on-site inspection and communicated with the owner and developer multiple times via phone and visits. On January 26th, the developer submitted a repair plan, but the owner insisted on canceling or exchanging the unit and refused repairs.

Regarding the owner’s request to cancel or exchange the unit, since the property ownership certificate has been issued, it cannot be revoked or exchanged through administrative means. To cancel or exchange the unit, a court ruling must be obtained. The Housing and Urban-Rural Development Bureau proactively offered free legal consultation to systematically analyze legal issues involved in canceling or exchanging the unit, including property transfer registration, tax refunds, breach penalties, and interest. The owner has not yet scheduled a consultation.

Regarding the construction archives, the completion acceptance and construction documentation for Hengxin Xihu Mingzhu Project have been strictly handled according to government procedures. The relevant drawings are also available for the owner to review at any time. The owner’s claim of “not being able to find any records” is false.

Currently, the Changle County Housing and Urban-Rural Development Bureau is actively coordinating communication between the owner and Hengxin Group to resolve this dispute properly.
(□ Public Help Reporter Hu Yingying)