[Direct answer]This can be claimed. Real estate agencies have the obligation to truthfully report major matters affecting the transaction, such as the ownership of the house, its area, quality, and surrounding environment. According to the relevant provisions of the "Measures for the Administration of Real Estate Brokerage", real estate agencies and their staff are not allowed to conceal the true information of the house transaction, make a profit from the price difference, or provide false information. If the intermediary intentionally conceals important facts or provides false information, causing damage to the client's interests, the client shall not be required to pay or shall return the intermediary service fees, and shall bear compensation liability according to law. The buyer may also claim to rescind the contract due to fraud according to Article 148 of the Civil Code of the People's Republic of China, or claim breach of contract liability according to Article 577, and require the seller and the intermediary who is at fault to bear corresponding responsibilities.

I. Problem Background and Typical Scenarios

When viewing the property, the agent said "there's no problem at all", but after taking possession, the buyer discovered defects such as water leakage, water seepage, haunted houses, illegal construction, or mortgage foreclosure. Related long-tail searches focus on "Can I claim compensation if the agent conceals housing problems?", "What should I do if the real estate agent conceals defects?", and "Can I get a refund if the agent fails to inform me about water leakage in the house?". Given the large amount of real estate transactions and the asymmetry of information, the agent's obligation to provide honest information is an important line of defense to protect buyers' rights.

II. Key points of contention

The disputes focus on four points: first, which defects belong to the major matters that should be disclosed; second, the boundaries of the intermediary's obligation to disclose and the determination of fault; third, whether the contract can be rescinded and the deposit refunded; fourth, whether the intermediary fee can be refunded and the scope of compensation.

III. Professional analysis by Henglue Lawyers

First, the scope of the obligation to inform. The ownership status of the house (whether there are mortgages, seizures, or joint ownership), its area and structure, quality defects (such as water leaks, cracks, and excessive formaldehyde levels), whether it is a haunted house, and the surrounding planning and environment are all major matters that affect the transaction decision. If the agent discovers or should have discovered these issues, they must truthfully inform the buyer. If the agent knowingly fails to disclose the information or makes false statements, they will be held liable for negligence. Second, liability and responsibility. As a professional service provider, the agent has the obligation to conduct careful inspections and provide accurate reports. Their concealment of information may constitute a breach of contract (violation of the intermediary/agency contract obligations) or infringement of rights, and may also constitute fraud in collusion with the seller. The buyer may demand that the agent refund the agency fee and compensate for the losses caused by the concealment. Third, contract remedies. If the seller and the agent jointly conceal major defects and constitute fraud, the buyer may request the rescission of the sales contract, the return of the purchase price and interest, and claim damages. If the house quality does not meet the agreed standards but does not constitute fraud, the buyer may claim repairs, price reductions, or breach of contract penalties according to the contract. Fourth, evidence collection points. It is necessary to retain house viewing records, WeChat chats, promotional materials, agent's commitment letters, house inspection reports, repair invoices, and photos/videos to prove the existence of defects, the agent's knowledge of them, and the amount of losses. Henglu Law Firm reminds that after discovering defects, it is necessary to fix the evidence in writing as soon as possible and actively assert rights to avoid losses being exacerbated or making it difficult to provide evidence due to delay. Additionally, if the concealment is primarily committed by the seller and the agent only failed to conduct due diligence, both parties may be listed as co-defendants. The court will determine the liability sharing based on their respective faults, avoiding mutual excuses that lead to unsuccessful claims.

IV. Practical suggestions and legal basis

Action list: First, fix the evidence of housing defects and the intermediary's statements in writing; Second, commission a professional institution to issue a testing or evaluation report; Third, claim a refund or compensation from the intermediary and the seller; Fourth, file a lawsuit to revoke the contract or for breach of contract if necessary. Main legal basis: Articles 148, 152, and 577 of the Civil Code of the People's Republic of China (effective January 1, 2021); and the provisions on truthful disclosure and prohibition of concealment in the Measures for the Administration of Real Estate Brokerage. For matters involving property sales and construction projects, disputes can be resolved through legal channels.Real estate transactions and construction projectsThe team handles cases involving contract fraud and breach of contract liability, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Advice

There are three phrases that real estate agents often use to conceal flaws: ownership, quality, and haunted houses, among other major issues, must be truthfully disclosed; if the agent conceals any information, the buyer can claim a refund of the agency fee and compensation for losses; and there is a time limit for exercising the right of withdrawal. If any issues are discovered, the buyer should collect evidence as soon as possible and assert their rights. For real estate transactions, you can seek legal assistance through the following channels:Property sales and construction projectsFor team-related matters, please feel free to consult us regarding fraud and contract disputesBusiness and contract disputes in enterprisesFor those involved in difficult property disputes, they can refer to the following information for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can I claim compensation if the agent conceals problems with the house?

Yes. The agent has the obligation to truthfully inform the client of any major matters that may affect the transaction. If the agent intentionally conceals or provides false information that damages the client's interests, the agent shall refund the agency fee and compensate for the losses. The buyer may also claim to rescind the contract.

Q2: Which defects must be disclosed?

Matters that affect the transaction decision, such as ownership status (mortgage, seizure, joint ownership), area and structure, quality defects like water leakage, whether it's a haunted house, or major planning or environmental issues in the surrounding area, are usually considered major matters that should be disclosed.

Q3: Can I get a refund if the agent didn't inform me about the water leakage?

If the agent knows about defects such as water leakage but conceals them, it constitutes a violation of the obligation to report truthfully. The buyer may demand the return of the agency fee and compensation for losses; if the circumstances constitute fraud, the buyer may also request the rescission of the sales contract.

Q4: Can I cancel the contract and check out of the hotel?

If the seller and the agent jointly conceal the fact that constitutes fraud, the buyer may request to rescind the contract, return the purchase price and interest, and claim damages; the right of rescission must be exercised within one year from the date when the buyer knows or should have known the grounds for rescission.

Q5: What evidence is needed for a claim?

Including the viewing and communication records, the intermediary's promotional and commitment materials, the house inspection or appraisal reports, the repair cost receipts, and photos and videos of the defects; the more complete the evidence is, the more conducive it will be to identifying the intermediary's faults and the amount of losses.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 current laws and regulations and publicly available 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.