The High-Flying Misadventures of Paul Rich in Apartment Wonderland

Once upon a recent time, our hero, Paul Rich, after gallantly grappling with academia and seizing his bachelor’s degree in the far-off land of Uncle Sam, made the valiant decision to return to his ancestral stronghold of Shenzhen. The siren call of familial proximity and the pesky pandemic played their parts in this homecoming saga.

Now, Paul, a freshly-minted graduate with a thirst for independence, decided that bunking with the progenitors was a chapter he was ready to close. So, he rolled up his sleeves and plunged into the workforce, where he squirreled away a princely sum of 1000 RMB every month from his modest 5000 RMB earnings. Imagine that! A penny pinching maestro, indeed.

Fast forward through the sands of time (well, less than a year, but who’s counting?), our frugal friend amassed a treasure chest of 10000 RMB. His eyes were set on Shekou, the land of sea-kissed horizons and apartments that sparkled with the allure of the deep blue.

Ah, the apartment! A 30 million Yuan beacon of domestic bliss, complete with four palatial bedrooms, and—lo and behold—a gym! This wasn’t just any gym. It was the promised land of free workouts, where one could flex and stretch without spending a single coin of “daddy’s money.” Paul dreamt of dumbbells and treadmills, all within elevator-ride reach.

With his 10,000 Yuan war chest and a modest dragon’s hoard (a cool 10 million) from the Bank of Dad, our intrepid investor made his down payment. The keys to the kingdom were nearly in his grasp!

Then, half a year whisked by, and moving day dawned. Paul, with visions of morning squats dancing in his head, flung open the doors to… nothingness. Where there should have been weights, there was weightlessness; where treadmills should have turned, there was only the stillness of betrayal. The gym was a phantom, a figment of real estate imagination!

Law In A Minute

Rich has the option to terminate the agreement and hold the real estate company accountable for its oversight in the contract’s execution. Alternatively, if Rich chooses to uphold the contract, he can compel the real estate company to accept liability for violating the terms of the agreement.

The real estate company’s promotion explicitly mentioned a gym, which is considered an amenity associated with the property and is subject to regulations outlined in The Interpretation of Disputes over Commercial Housing Sales Contracts.

Rich, an avid fitness enthusiast, entered into the contract with the real estate company with the expectation of an on-site gym. The sales pitch, which prominently featured the gym, acted as an enticement and played a crucial role in influencing Rich’s decision to purchase the apartment.

The absence of the gym in actuality suggests that the real estate company engaged in deceptive practices and failed to honor their end of the bargain.

Hence, Rich is entitled to petition the court to nullify the sales contract and insist that the real estate company be held accountable for their negligence. Should he choose not to rescind the contract, he is well within his rights to demand that the company assume responsibility for their contractual breach. Moreover, if access to a complimentary gym was the primary impetus behind the acquisition of the apartment, and since this goal cannot be realized, the contract may be voided, with the real estate company being liable for not fulfilling the contract.

Legal Basis

Civil Code

Article 148

If one party uses fraudulent means to cause the other party to carry out a civil legal act against their true intention, the party that was deceived has the right to request that the people’s court or arbitration institution revoke it.

Article 563

A party may terminate a contract under any of the following circumstances:

1. Contractual objectives cannot be achieved due to force majeure.
2. Before the performance deadline, one party explicitly indicates or demonstrates through their actions that they will not fulfill the main obligations.
3. One party delays in performing the main obligations and fails to perform within a reasonable period after being urged.
4. One party delays in performing obligations, or other breaches occur, making it impossible to achieve the contract’s objectives.
5. Other situations stipulated by law.

For contracts with continuous performance obligations that are indefinite in duration, a party may terminate the contract at any time, but must notify the other party within a reasonable period beforehand.

Article 577

If one party fails to fulfill their contractual obligations or does not fulfill them in accordance with the agreement, they shall bear the responsibility for breach of contract, which includes continuing to perform their obligations, taking remedial measures, or compensating for losses.

Interpretation of Disputes over Commercial Housing Sales Contracts

Article 3

Advertisements and promotional materials for the sale of commercial properties serve as an invitation to offer. However, if the seller’s descriptions and promises regarding the houses and related facilities within the scope of the commercial property development plan are specific and have a significant impact on the formation of the property sale contract and the determination of the house price, they constitute an offer. Even if these descriptions and promises are not included in the commercial property sale contract, they should still be considered part of the contract content. If a party violates these, they shall bear the responsibility for breach of contract.