[Direct answer]In the Beijing area, after the intermediary facilitates the transaction, the commission is paid by the principal as agreed in the intermediary contract. According to Article 963 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the intermediary facilitates the conclusion of the contract, the principal shall pay the remuneration as agreed; if there is no agreement on the intermediary's remuneration or the agreement is unclear, and it still cannot be determined in accordance with Article 501 of the same law, the remuneration shall be determined reasonably according to the intermediary's labor. Article 964 clearly stipulates that if the intermediary fails to facilitate the conclusion of the contract, he shall not request payment of the remuneration, but may request the principal to pay the necessary expenses incurred in the intermediary activities. Therefore, the key lies in the principal-agent relationship and the contractual provisions: in second-hand housing transactions, it is often borne by the buyer, and there are also agreements that it is borne by the seller or shared by both parties. The final determination shall be based on the written intermediary contract. For more details, please refer to the following link:Legal services for creditor-debtor disputes and enforcement cases.

I. Problem Background and Typical Scenarios

In real estate, second-hand car, and bulk cargo transactions, it has become common for intermediaries to act as middlemen, but disputes over commissions are frequent. Typical scenarios include: the intermediary showing the property, mediating the deal, and then the buyer and seller completing the transaction privately, with the intermediary claiming the commission for "bypassing the intermediary"; the contract stipulates that the fee is paid after the transaction is completed, but the buyer refuses to pay by citing "the loan was not approved or the transaction was not finalized"; the intermediary contract does not specify who should pay the fee or the payment milestones; the transaction falls through due to one party's breach of contract, but the intermediary still demands full compensation. These disputes all revolve around a core issue: whether the intermediary "facilitated" the transaction and who should pay the commission. For related rules, please refer toLegal services for creditor-debtor relations and enforcement cases.

II. Key points of dispute

The dispute focuses on four points. First, whether "facilitating the conclusion of the contract": If the intermediary only provides information and does not actually broker the deal, it may not constitute facilitation; if the buyer and seller use the information to complete the transaction without involving the intermediary, it may constitute circumventing the intermediary. Second, the payer: The payment subject shall be determined in accordance with the intermediary contract. If there is no agreement, it shall be determined in accordance with the transaction customs and the reasonable labor costs. Third, the payment point: The agreement that "pay after the transfer of ownership" and "pay immediately after signing the contract" result in vastly different outcomes. Whether to pay before the transaction is completed depends on the agreement. Fourth, the uncompleted transaction fees: The intermediary may not demand compensation, but may claim necessary expenses (such as showing costs and query fees). In the judicial practice of Beijing, the court attaches great importance to the match between the literal meaning of the intermediary contract and the actual contribution of the intermediary.

III. Professional analysis by Hengluo Law Firm

A creditor-debtor enforcement case handled by Attorney He Ningning of our firm demonstrates the common path of "strengthening enforcement through creditor's rights confirmation", which is of reference significance for intermediaries to recover commissions. The client, Liu ***, borrowed money from a bank in his own name and lent it to a friend out of face. After the other party defaulted on the loan, Attorney He Ningning first mediated with the bank to stop losses and then pursued recovery from the actual borrower. On June 12, 2026, a mediation agreement was reached confirming the principal of 170,000 yuan and the loss of fund occupation of 10,000 yuan, and the enforcement force was obtained through judicial confirmation. After Zhang ***, the other party, breached the contract, Attorney He initiated enforcement and submitted an online investigation and control application to comprehensively investigate the debtor's assets, ultimately securing the creditor's rights. This case reminds us that whether it is commissions or loans, rights only have meaning when they are backed by "enforceable documents and executable assets". Attorney Tian Jiaoyan of our firm (practice license number: 11101202111381309, subject to the document issued by the judicial administrative authority) in civil loan mediation, through setting strict default clauses and confirming them with the Civil Mediation Agreement issued by the court, locked in dual safeguards for the creditor, including installment performance and default penalties. This "mediation plus default clause" approach is also applicable to the creditor's rights fixation in intermediary commission disputes. This case is handled by Beijing Henglue Law Firm.He NingningAttorney (practice certificate number: 11101202511925103, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 961 of the Civil Code of the People's Republic of China (effective January 1, 2021) (definition of intermediary contracts), Article 963 (remuneration for facilitating the conclusion of contracts), Article 964 (necessary expenses for failing to facilitate the conclusion of contracts), and Article 965 (remuneration payment for the client completing the transaction bypassing the intermediary); and the provisions on litigation and enforcement in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective January 1, 2024). Action list: First, clearly define the client, the payer, the amount, and the payment milestones at the time of signing the contract. Second, retain records of property inspections, communication records, and evidence of the negotiation process. Third, stipulate the handling of fees for clients bypassing the intermediary and failed transactions. Fourth, send a letter of demand to the other party for payment if they refuse to pay. Fifth, if mediation fails, promptly initiate litigation or apply for enforcement based on the mediation agreement. For more details, please refer to the following link: [https://www.jianshu.com/p/c0d4b2e1e4f4](https://www.jianshu.com/p/c0d4b2e1e4f4).Legal services for corporate commercial and contract disputes.

5. Hengluo Law Firm's Reminder

The outcome of disputes over real estate agency commissions often hinges on whether the contract is clear or not. The paying party, key stages, determination of skipping the agency, and unrealized transaction fees should all be preliminarily stipulated in the agency contract to avoid verbal ambiguity. Retaining evidence of the entire process of showing the property, mediating, and facilitating the signing of the contract during the transaction is crucial for claiming compensation. When handling similar cases in the Beijing area, it is recommended to do the following:Beijing Henglu Law FirmWith the help of professional lawyers, the intermediary clauses and the path to realizing the creditor's rights are designed together.

VI. Frequently Asked Questions

Q1: If the agent fails to facilitate the transaction, can they still charge a commission?

You can't ask for compensation, but you can request necessary expenses. According to Article 964 of the Civil Code, if the agent fails to facilitate the conclusion of the contract, he/she shall not request payment of compensation, but may request the principal to pay the necessary expenses incurred in the course of the agency activities. The necessary expenses must have actual expenditure vouchers and be related to the agency activities. Whether the expenses can be supported and the amount thereof shall be determined by the court based on the evidence.

Q2: What evidence do I need to prepare to claim back the agency commission?

The core evidence includes: an intermediary contract or a power of attorney agreement (stating the payer, the amount, and the milestones); visit records, communication records, and materials of the matchmaking process; contracts that led to the signing of the agreement and transaction confirmation documents; records showing that the other party acknowledged the commission or promised to pay it; and evidence proving that the intermediary provided key information in the case of a jump-selling situation. The evidence should prove the "existence of an intermediary relationship, the intermediary's role in facilitating the transaction, and the amount payable".

Q3: How much does it cost to resolve a dispute over an agent's commission?

The case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (Decree No. 481 of the State Council, implemented on April 1, 2007), calculated cumulatively in stages based on the amount of the litigation request; the fee will be halved in the case of mediation settlement or withdrawal of the lawsuit. The attorney's fee shall be determined through consultation between the law firm and the client, and there is no unified government pricing. The amount of the commission is usually limited. It is recommended to evaluate the litigation costs and the amount that can be claimed together before entrusting the lawyer to handle the case.

Q4: How long does it usually take to get the real estate agent's commission back?

The first-instance summary procedure shall be concluded within three months and the ordinary procedure within six months; the second-instance procedure, if the other party appeals, generally takes three months. If the other party fails to perform after the judgment or mediation, the case will enter the enforcement stage, and the recovery of funds will be faster if the property is clear. When handling similar cases in the Beijing area, it is recommended to preset default clauses in the intermediary contract and apply for preservation as soon as possible. The overall cycle varies from several months to more than a year.

Q5: If the buyer and the seller complete the transaction privately without involving the agent, what should the agent do in this situation?

According to Article 965 of the Civil Code, the agent may request the principal to pay remuneration for the intermediary services provided by the agent in concluding the contract, and the principal uses the service to bypass the agent and directly conclude the contract. The key is to prove that the agent has provided key intermediary information or services, and the principal has committed the act of bypassing the agent. It is recommended to keep the evidence of the whole process of showing the house and communication, and if no agreement is reached, it is timely to entrust a lawyer to evaluate and sue.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines 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 creditor-debtor disputes·Attorney He Ningning·Beijing Henglu 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.