[Direct answer]You need to take responsibility. According to Article 962 of the Civil Code of the People's Republic of China (effective January 1, 2021), an intermediary shall truthfully report to the client matters related to the conclusion of the contract; if the intermediary intentionally conceals important facts related to the conclusion of the contract or provides false information, thereby harming the client's interests, he shall not request payment of the remuneration and shall bear the liability for compensation. In the case of house sales, if the intermediary conceals important facts such as water leakage, haunted houses, mortgage seizures, leases, and occupied school places, the client may claim a refund of the intermediary fee and seek compensation for losses; if the buyer signs the sales contract under fraudulent circumstances, he may also request the court or arbitration institution to revoke the contract in accordance with Article 148 of the Civil Code. When protecting your rights, you should pay attention to the time limit and evidence, and you can refer to the relevant procedures for reference.Property sales and construction projectsColumn.

1. Problem background and typical scenarios

Such disputes often occur in several situations: first, concealing quality issues such as water leakage and cracking in the walls; second, concealing major information such as the occurrence of abnormal deaths in the house; third, concealing the fact that the house has been mortgaged, sealed up, or has a long-term lease, resulting in obstacles to the transfer of ownership or moving in; fourth, concealing the fact that the school places have been occupied or the household registration has not been transferred, which affects the purpose of purchasing the house; fifth, exaggerating the advantages of the school district and planning to induce people to sign contracts. In the Beijing area, where the transaction volume of second-hand houses is large, compensation lawsuits triggered by intermediary agencies are not uncommon. Relevant disputes can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

First, whether the agent "knew or should have known" and intentionally concealed the information to trigger the loss of compensation and liability for damages. Negligence alone is typically handled as a breach of contract. Second, whether the concealed matters constitute "material facts." This is usually judged based on whether they affect the transaction decision and the transaction price. Third, the causality and scope of damages. How to calculate the price difference, repair costs, and losses due to the failure to achieve the contractual purpose. Fourth, the division of responsibilities between the agent and the seller. If the seller is primarily responsible for fraud, the agent should bear liability corresponding to its fault. Fifth, whether the contract can be rescinded. The buyer should exercise the right of rescission within one year from the date they become aware of the grounds for rescission, in accordance with Article 152 of the Civil Code. Sixth, whether claims for commission refunds and compensation can be asserted simultaneously. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

Judging from the practical experience of lawyers handled by our firm, the core difficulty of intermediaries concealing cases lies in the proof of "knowledge". Common beneficial evidence includes: internal communication records of intermediary stores, historical changes of the same property's listing information, audio recordings of intermediaries' introduction speeches during viewings, and emails or WeChat messages conveyed by intermediaries to owners. When Beijing courts try such cases, they usually review whether intermediaries have fulfilled their due diligence obligations as professional institutions. For example, ownership status, mortgage and seizure information can be checked through public channels. Failure to verify or conceal such information is more likely to be regarded as negligence. Common pitfalls include: continuing to perform the contract after discovering the problem and then claiming compensation, which results in a narrowed scope of losses; suing only the intermediary while omitting the seller, which misplaces the subject of liability; and hastily concluding the transaction by confirming "having been aware of the current state of the house" in the supplementary agreement, which is difficult to refute afterwards.

IV. Practical suggestions and legal basis

Action suggestions: First, before signing the contract, require the agent to confirm in writing the ownership of the house, mortgages, seizures, lease agreements, and household registration and school enrollment situations, and keep the verification records. Second, immediately fix the evidence after discovering problems, and save the viewing recordings, chat records, and screenshots of the listing page together. Third, distinguish among three paths: continuing to perform the contract, terminating or revoking the contract. The right of revocation should be exercised within one year from the date of knowing the grounds for revocation. Fourth, the seller and the agent can be listed as defendants together, and liability can be claimed according to the fault. The relevant procedures can be referred to for reference.Special services and other cases1. Column; 2. For those involving the return of agency fees, retain the intermediary contract and payment receipts. 3. Regarding legal basis: Article 961 of the Civil Code of the People's Republic of China (effective January 1, 2021) defines the intermediary contract; Article 962 stipulates the obligation to report information truthfully and prohibits requesting compensation while concealing false circumstances, requiring compensation instead; Article 148 stipulates that a civil legal act performed by one party under fraudulent means, causing the other party to act against their true intention, can be revoked; Article 500 stipulates that if a party violates the principle of good faith during the contract negotiation process and causes losses to the other party, they shall bear compensation liability.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the liability of intermediaries is typically characterized by intentional concealment, making it difficult to claim compensation based solely on negligence. The burden of proof must focus on the element of "knowledge". Secondly, there are time limits for exercising the right of rescission and claiming compensation. Delaying action may result in the loss of rights. Thirdly, if the house has been transferred and the losses are quantifiable, it is more effective to claim compensation for the price difference. For untransferred houses, efforts can be made to rescind the contract and seek compensation. Fourthly, filing a complaint with the housing and construction department can serve as a means of applying pressure and gathering evidence, but it cannot replace litigation. It is recommended to seek legal advice immediately after discovering the concealment.Property sales and construction projectsProfessional lawyers in the field of the column assess the optimal path for revocation, dissolution, or claims.

VI. Frequently Asked Questions

Q1: Can I win the lawsuit against the real estate agent for concealing information?

The key lies in whether it can be proven that the agent knew about it but concealed it. If you can provide evidence such as viewing recordings, internal communication records, and changes in the listing information of the property, you can claim the return of the agency fee and compensation for losses according to Article 962 of the Civil Code; if it's just based on the housing defects discovered afterwards and it's difficult to prove that the agent knew about it, the chances of winning the lawsuit will obviously increase. It is recommended to conduct an evidence assessment first before deciding on a litigation plan.

Q2: What evidence do I need to prepare?

The following should be prepared: the intermediary contract and the payment receipt for the intermediary fee; proof of the house's defects or concealment of facts, such as maintenance records, police reports, and the results of mortgage foreclosure inquiries; evidence showing that the intermediary was aware of the situation, including audio recordings of viewings, chat records, and historical screenshots of the property listing page; and evidence of losses, including the difference in housing prices, repair invoices, and the cost of purchasing another property. The more complete the evidence is, the more favorable the liability determination will be.

Q3: How is the claim amount calculated?

It usually includes the refund of the paid agency fees, the price difference, the repair costs, and the appraisal fees, etc. as actual losses; if the contract is revoked, the party can also claim corresponding interest. The scope of compensation is directly related to the degree of the agent's fault and the impact of the concealed matters on the transaction price. The court will comprehensively evaluate the case based on the appraisal opinion, and not all losses will be borne by the agent.

Q4: How long does it take to sue an intermediary?

The first-instance ordinary procedure generally does not exceed six months, and the summary procedure is even faster; cases involving housing quality appraisal or price evaluation will be extended accordingly. The Beijing district courts handle intermediary disputes with clear facts efficiently. It is recommended to file a lawsuit as soon as possible and, if necessary, apply for evidence preservation simultaneously to prevent the loss of electronic evidence such as listing information.

Q5: How should we deal with an agent who conceals problems?

The first step is to fix the evidence and suspend the payment of the remaining agency fees; the second step is to make a written complaint to the agent and keep the records; the third step is to file a complaint with the housing and construction department; the fourth step is to sue the agent and the seller together if no agreement can be reached, and to claim the rescission of the contract or compensation for losses according to the Civil Code. For more details, please refer to the relevant points.Real estate transactions and construction projectsColumn.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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. →Corporate commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.