[Direct answer]A claim can be made. According to the Civil Code of the People's Republic of China (effective January 1, 2021), an agent shall truthfully report to the principal matters related to the conclusion of a contract. If the agent intentionally conceals important facts related to the conclusion of the contract or provides false information, thereby harming the principal's interests, the agent shall not request payment of the fee and shall bear compensation liability. The Measures for the Administration of Real Estate Brokerage also stipulate that real estate brokerage agencies and personnel shall not conceal the true information of the house transaction from the transaction parties, and shall not sell the house at a low price and buy it back at a high price to make a profit from the price difference. Therefore, if the agent pockets the price difference, conceals the true transaction price, or reports false information about the house, the principal may claim that the agent return the paid fee, compensate for the loss of the price difference and related expenses; in serious cases, the principal may also file a complaint with the competent department and request that the agent be subject to administrative punishment.

I. Problem background and typical scenarios

In the second-hand housing transactions, some real estate agents take advantage of their information advantage to conceal the real price from both buyers and sellers, and make profits from the price difference; or they lie about the condition of the house and fabricate competing buyers to promote the transaction. Typical situations include: the agent signs a contract with the seller at a low price and then sells it to the buyer at a higher price; conceals the real price of the house that has been listed by other agents; and lies to the buyer about the seller's bottom price to raise the transaction price. The real estate brokerage activities in Beijing are subject to supervision by the competent authorities, and such activities may face the risk of being complained against and punished.

II. Key points of contention

First, how to determine whether an intermediary constitutes price gouging or violates the obligation to report truthfully. Second, what losses can the client claim, and whether they include the price difference and the paid remuneration. Third, how to collect evidence, and whether chat records and transfer receipts can be used. Fourth, who should bear the responsibility for the intermediary's actions—the agency or the broker. Fifth, in addition to civil litigation, can complaints be filed with the competent authorities and administrative penalties be sought?

III. Professional analysis by Henglue Lawyers

Here is the translation of the Chinese text into English: Henglue Lawyers offer four practical tips for handling real estate disputes. First, identifying key points: To determine whether an agent is profiting from the price difference, focus on whether they conceal the true transaction information, buy properties at low prices in their own or related parties' names and sell them at higher prices, or fabricate information to influence the transaction price. Additionally, verify the different versions of contracts and quotes signed by the agent and the buyer/seller to determine the actual transaction price. Second, scope of damages: If an agent violates the obligation to report truthfully, they cannot request payment and must return any fees already collected. They must also compensate the client for losses including the overpaid price difference, additional brokerage fees, and reasonable expenses incurred to enforce rights. Third, evidence collection: Retain the intermediary contract, quote records, chat and call logs, payment and receipt receipts, different versions of sales contracts, and online signing information. If necessary, apply to the court to retrieve transaction data from the real estate registration and online signing systems to prove the actual price. Fourth, parallel complaints and litigation: File a complaint with the housing and urban-rural development authority or market supervision department to request administrative penalties against the agent and brokerage firm. Simultaneously, pursue compensation through litigation. Fifth, institutional responsibility: The real estate brokerage firm bears corresponding legal liability for the agent's actions. When suing, the firm and the specific responsible parties can be listed as defendants together. Overall, profiting from the price difference violates legal obligations, and clients have clear grounds for claiming compensation. Henglue Lawyers typically focus on restoring the true transaction price and securing evidence to assist clients in seeking compensation in real estate transaction disputes.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, keep the intermediary contract, quotation records, and all communication evidence to restore the true transaction price; Secondly, verify whether the intermediary buys and sells the property in the name of a related party, and fix the evidence of the price difference; Thirdly, file a complaint with the competent authority and request the investigation of the intermediary and the institution; Fourthly, claim the return of the remuneration and compensation for the price difference and other losses through litigation; Fifthly, choose a qualified and reputable brokerage agency before entrusting the transaction, and clearly stipulate in the contract that the agency shall not earn a price difference. For real estate transactions and construction-related matters, you can refer to the relevant provisions.Real estate transactions and construction projectsIt can be referred to for matters related to enterprise operations and contractsBusiness and contract disputes in enterprisesLegal basis: Articles 961, 962, and 963 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions of the Real Estate Brokerage Management Measures prohibiting the earning of price differences. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the intermediary has an obligation to report the facts truthfully. Concealing the real price constitutes a breach of contract and may result in liability for compensation. Secondly, the key to claiming the price difference is to restore the actual transaction price, and the online signing and registration information are important evidence. Thirdly, you can pursue both complaint and litigation at the same time to enhance the effectiveness of protecting your rights. Fourthly, when entrusting the intermediary, you should choose a formal agency and explicitly prohibit the practice of pocketing the price difference. For matters involving creditor's rights recovery and enforcement, you can refer to the relevant provisions for guidance.Creditor's rights and debts, and enforcementFor matters involving family property, you can refer to the following for reference.Divorce litigation and family disputesFor matters involving personal rights and interests, you may refer to the following for reference.Personal injury and medical disputesFor other difficult matters, you can refer to the relevant materials for further guidance.Special services and other cases.

VI. Frequently Asked Questions

Q1: Is it illegal for real estate agents to pocket the difference in the transaction price?

Violation of legal obligations. The Civil Code stipulates that intermediaries shall truthfully report important matters related to the conclusion of contracts. If they intentionally conceal or provide false information that damages the interests of their clients, they shall not request compensation and shall compensate for the losses; the Measures for the Administration of Real Estate Brokerage also prohibit buying at low prices and selling at high prices to make a profit from the price difference. Those who violate these regulations may also be subject to administrative penalties.

Q2: Can I get a refund for the agency fee?

This can be claimed. If the agent violates the obligation to report truthfully and damages the client's interests, the agent shall not request payment of the remuneration, and the intermediary fees already collected shall be refunded; at the same time, the agent may request compensation for the losses caused thereby, including the overpaid difference in price and the reasonable expenses incurred. The specific amount shall be determined by the court based on the evidence.

Q3: What kind of evidence is needed to claim the price difference?

You can collect the intermediary contract and different versions of the sales contract, quotes and chat records, payment and receipt vouchers, as well as online signing and real estate registration information, in order to restore the true transaction price and prove that the intermediary concealed or earned the price difference. If necessary, you can apply to the court to retrieve the online signing and registration data.

Q4: Can I request several times the amount of compensation?

The principle of compensation is based on actual losses. If the agent violates the obligation to report truthfully, they shall compensate the client for the losses suffered and return the remuneration. Generally, punitive multiples are not applicable. If the agent engages in fraudulent behavior, they may claim corresponding compensation in accordance with the relevant provisions on consumer rights protection, and the specific amount shall be determined by the court.

Q5: Can I complain about the agency?

Yes. You can file a complaint with the competent housing and urban-rural development authorities or market supervision departments, and request that the intermediary agencies and their employees be investigated and punished. Complaints and civil litigation can proceed in parallel. Complaints help to establish the facts of illegal activities, while litigation resolves compensation liability. The two do not conflict with each other.

This article is written based on the common judicial interpretation 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective 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 a dispute arises, please consult a practicing lawyer in a timely manner.