[Case Summary]This case involves a dispute over the return of real estate agency commissions. In July 2020, Guo * purchased a house with a full payment. The agent, Zhao *, promised to deduct the personal sales commission of 125,718 yuan from the purchase price and issued a "Note of Loan". Later, Zhao * signed an "Agreement" promising to pay the amount by January 31, 2022, but failed to do so. Guo * entrusted the professional lawyer team of Beijing Henglu Law Firm to sue for the return of 125,718 yuan and legal fees. The court ruled that the agreement was valid and ordered Zhao * to pay 125,718 yuan and legal fees of 9,000 yuan. The core dispute: the validity of the agent's oral commission commitment and the agreement. Applicable laws: relevant provisions of the Civil Code and the Civil Procedure Law.

I. Review of the Case

Buyers often worry about issues such as "what to do if the agent fails to refund the commission as promised", "can the purchase commission be reclaimed", and "are verbal promises from agents legally binding". In July 2020, Guo * purchased House No. 106 in a certain residential complex in Hebei from real estate agent Zhao * for a total price of 4,357,478 yuan. Initially, Guo * was hesitant to purchase the property, but Zhao * strongly persuaded him and promised that if Guo * paid the full amount upfront, Zhao * would refund his personal sales commission to Guo * as a deduction from the purchase price. Guo * signed the contract and paid the full amount, while Zhao * issued a promissory note promising to pay 1,25,718 yuan by November 11, 2020. However, the payment failed to materialize. On October 11, 2021, the two parties signed an agreement stipulating that Zhao * would pay the full amount of 1,25,718 yuan by January 31, 2022, but the payment still failed to occur. Guo * subsequently entrusted Henglue Law Firm to file a lawsuit to protect his rights.

II. The focus of the case

  • Focus 1: Is the rebate agreement legal and valid?Is the Agreement signed by both parties a true expression of their intentions?
  • Focus Two: Whether the commission payment should be made.Should Zhao * fulfill the promise of 125,718 yuan?
  • Focus 3: Who will bear the legal fees for rights protection lawyers?The agreement stipulates that the defaulting party shall bear the losses incurred in protecting their rights, including attorney's fees.

III. The professional intervention of Hengluo Law Firm

The original plaintiff claimed that:Zhao * delayed the payment of the funds, infringed upon his legitimate rights and interests, and caused losses. He requests the court to order Zhao * to return the funds of 125,718 yuan and pay the attorney's fees and litigation costs.

The defendant argued that:In this case, the defendant, Zhao * , was legally summoned but failed to appear in court to defend himself and did not file a defense.

Legal opinion by Hengluo Law Firm:After accepting the entrustment from Guo * , Hengluo Law Firm communicated and analyzed the evidence several times, pointing out that the signing of the "Agreement" by the original defendant and the plaintiff was a true expression of their intention and did not violate the mandatory provisions of laws and regulations. Therefore, the agreement is legal and effective, and Zhao * should pay the money according to the agreement. Moreover, the agreement stipulates that if the payment is not made on time, Zhao * is willing to bear all the losses caused by Guo *'s rights protection (including litigation fees, transportation fees, attorney fees, etc.). Now that the payment deadline has expired, Guo *'s claim for the payment of 125,718 yuan and attorney fees is legally justified.

IV. Outcome of the case

The court adopted the opinion of Hengluo Law Firm and determined that the agreement was valid. According to the relevant provisions of the Civil Code and the Civil Procedure Law, the court ruled as follows: 1. The defendant, Zhao *, shall pay the plaintiff, Guo *, the sum of 125,718 yuan within seven days from the date the judgment takes effect; 2. The defendant, Zhao *, shall pay the plaintiff, Guo *, the attorney's fees of 9,000 yuan within seven days from the date the judgment takes effect; and 3. If the defendant fails to perform the obligations within the time limit, it shall pay the interest on the delayed performance at a rate doubled of the statutory interest rate. The parties successfully recovered the funds and attorney's fees.

5. Henglu Law Firm's Reminder

This case is handled by a professional team of lawyers from Beijing Henglu Law Firm (Practice License No.: __________, subject to the certificate issued by the judicial administrative authority). Henglu Law Firm advises: When purchasing a house, you should use legal channels and fully understand the information disclosed by the real estate developer and review the qualifications of the sales staff. The verbal promises made by the sales staff should be formalized in writing. Do not believe, recognize, or agree to illegal or irregular promises. Pay attention to preserving contracts, invoices, and other evidence that can prove the agreed terms, such as agreements and audio recordings.

VI. Common Questions and Answers about Real Estate Brokerage Disputes

  1. Q:What should I do if the agency refuses to pay the commission they promised?
    A:If there are written agreements, chat records, or other evidence to prove the agreement on commission rebates, you can sue to demand its performance, and the court will support it in accordance with the agreement.
  2. Q:Can the real estate purchase commission rebate be reclaimed?
    A:Yes. If the agent provides a promissory note or an agreement promising to refund the commission, it constitutes a valid debt, and you can sue for payment.
  3. Q:Is the verbal promise made by the agent legally binding?
    A:Oral promises can be recognized if supported by other evidence, but it is better to formalize them in writing to avoid difficulties in providing evidence.
  4. Q:Can I recover the attorney's fees by suing the real estate agent?
    A:If the agreement clearly stipulates that the defaulting party shall bear the attorney's fees for protecting rights, the court will usually support this claim.
  5. Q:When buying a house, what evidence should we pay attention to keeping?
    A:Keep the purchase contract, invoices, commission refund agreements, chat records, audio recordings, etc. to facilitate litigation and protect your rights.