[Direct answer]In the Beijing area, in second-hand housing transactions, real estate agents "skim off the spread" by concealing the actual transaction price, agreeing on a lower price with the seller and a higher price with the buyer, or falsely reporting tax and service fees to embezzle the difference. According to Article 962 of the Civil Code of the People's Republic of China, if an agent intentionally conceals important facts related to the conclusion of a contract or provides false information, thereby harming the interests of the client, he shall not request payment of the fee and shall bear compensation liability. If the buyer or seller discovers that the spread has been skimmed off, they may require the agent to return the difference and pay compensation. If no agreement can be reached, they may file a complaint with the competent housing and urban-rural development departments or the market supervision departments, or file a lawsuit with the court according to the contract. It is recommended to keep records of house viewing and price negotiation, evidence of communication between all parties, and to consult a lawyer in a timely manner. For more details, please refer toLegal services for real estate transactions and construction projects.

1. Problem background and typical scenarios

Making a profit from the price difference is a common type of complaint in second-hand housing transactions. Typical scenarios include: agents pressuring sellers to lower prices and raising prices for buyers, pocketing the difference between the two; withholding funds by falsely increasing fees under the guise of "taxes", "service fees", and "underwriting"; taking advantage of the lack of information sharing between buyers and sellers to forge communication records to create price differences; and agents' employees privately withholding deposits or purchase prices. Many parties only realize the actual transaction price after the fact, but face difficulties in protecting their rights due to contracts signed with only one party and scattered evidence. Such actions not only infringe upon property rights, but may also violate agents' obligations to report information truthfully and industry regulatory provisions. For cases involving fund recovery, the following measures can be taken:Creditor-debtor relations and enforcement case servicesAdvance.

II. Key points of dispute

There are three key points of contention. Firstly, the nature of the difference: is it an intermediary fee, a reasonable expense, or an illegal difference concealed by withholding the true price? This requires comparing the price and expense clauses signed by both the buyer and the seller. Secondly, breach of intermediary obligations: whether the intermediary reported the information truthfully, or intentionally concealed or fabricated important facts, which is a prerequisite for applying Article 962 of the Civil Code to seek refunds and compensation. Thirdly, evidence collection and jurisdiction: whether the chat records, viewing records, and bargaining records, as well as the flow of funds, can form a closed loop, which determines the success or failure of protecting rights. For the qualification of service contract disputes, reference can be made to relevant provisions of the Civil Code.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Law Firm

Based on Henglu Law Firm's practical experience in handling real estate agency disputes, the most crucial aspect of cases involving price differences is not emotions, but a closed-loop of evidence. In practice, agents often disguise the price differences with terms such as "undertaking agreements" and "information fees" to obscure their concealment behavior; in some cases, it is difficult to prove that the agent intentionally concealed the information because the buyer and seller never communicated directly. Henglu Law Firm usually advises clients to first retrieve all communication records and signed documents between the agent and both parties to fix the core evidence of "two different prices for the same house", and then choose either complaint or litigation as a legal remedy. For cases involving large amounts of money, employee embezzlement, or forged signatures, it is also necessary to assess whether to refer the case to criminal prosecution. For cases requiring cross-procedural handling, a seamless transition can be arranged.Special services and other case servicesCoordinate and safeguard rights and interests.

IV. Practical suggestions and legal basis

The legal basis mainly includes Article 962 (the intermediary's obligation to report truthfully and liability for compensation) and Article 963 (intermediary's remuneration) of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on fraud and grossly unfair transactions in the Contracts Chapter; at the same time, the requirements on the code of conduct for real estate brokerage agencies in the fields of housing and urban-rural development and market supervision can be referred to. Practical suggestions: For transactions, insist on face-to-face negotiations between buyers and sellers, and include the price and fees in the same contract; separately list the commission and the collected fees and request invoices; immediately preserve the chat and transfer records if price differences are found, first complain to the store and headquarters, and then report to the housing and urban-rural development and market supervision departments; if no agreement is reached, promptly sue to demand the return of the difference and compensation. For more guidance, please refer to the relevant documents.Real estate sales and construction project services.

5. Henglu Law Firm's Reminder

The core of preventing price differences is "information symmetry and contract transparency". Before signing the contract, both the buyer and the seller are required to directly confirm the transaction price, and the intermediary is prohibited from concealing the price difference by claiming "exclusive underwriting". All fees should be written into the written contract and the receipts should be requested. If you have been damaged, fix the evidence and calculate the real price difference as soon as possible. Firstly, put pressure on the other party through administrative complaints, and then evaluate the cost of litigation. Note that the statute of limitations for litigation is three years, so avoid delaying it. If you need professional support, you can contactBeijing Henglu Law FirmMake an appointment for consultation, develop a plan for evidence collection and claim recovery, and resolve the risk of weak evidence in advance.

VI. Frequently Asked Questions

Q1: If the agent pockets the difference in price, can I get my money back? Can I win the lawsuit?

Whether the money can be recovered depends on whether the evidence can prove that the agent intentionally concealed the real price and embezzled the difference. If you can provide a closed-loop of evidence such as different price terms between the buyer and the seller, communication records that the agent fabricated or concealed, and the flow of funds, etc., it is more likely to gain support to claim the return of the difference and compensation according to Article 962 of the Civil Code; if there are only suspicions but no substantial evidence, it will be more difficult to protect your rights. Therefore, "whether you can win" depends on providing evidence, not just making verbal claims. It is recommended to entrust a lawyer to sort out the evidence chain and evaluate the boundaries between the hidden difference and the compensation before suing, so as to avoid mistakenly including reasonable agency fees in the claim for the difference.

Q2: What evidence do I need to prepare for protecting my rights?

The core evidence includes: the contract you signed with the agent, the records of house viewing and price negotiation, the communication content involving prices in WeChat and phone calls, the fee lists and receipts issued by the agent to you, the bank or third-party payment records (proving the actual destination of the funds), and the other party's contracts or communication evidence reflecting the real transaction price. If the agent's employees privately receive and pay money, their identities and receiving accounts should also be fixed. The organization of evidence should focus on the three points of "two price differences - the agent's concealment - your loss amount", and the more complete the evidence is, the more it can support administrative complaints and civil claims.

Q3: How much does it cost to hire a lawyer and file a lawsuit?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request, and shall be borne by the losing party or shared proportionally; the higher the claimed return difference, the larger the litigation fee base will be. Lawyer's fees shall be charged based on the complexity of the case and the amount of the subject matter, either on a fixed-fee basis, an hourly basis, or a percentage of the subject matter amount, subject to the terms of the entrustment contract and without a unified standard. For some property-related cases, risk-sharing agreements may be stipulated according to law, but there are percentage caps. It is recommended to first calculate the recoverable difference and the cost of the fees, and then decide whether to file a complaint or a lawsuit after assessing the potential benefits, so as to avoid incurring excessive costs for small-amount differences.

Q4: How long does it usually take to get a result after filing a complaint or initiating a lawsuit?

The processing period for administrative complaints varies from weeks to months, depending on the department and the case circumstances. It is suitable for cases with clear facts and sufficient evidence, allowing for rapid pressure application. For civil first-instance litigation, the ordinary procedure lasts six months and the summary procedure three months. Most price difference disputes with clear facts can apply the summary procedure. If judicial audits or additional parties are required, the period will be extended. For appeals against judgments, the second-instance procedure generally lasts three months. Overall, it often takes several months from initiation to recovery of funds. It is recommended to apply for property preservation simultaneously during complaints or litigation to prevent intermediaries from transferring funds and increase the likelihood of actual recovery of funds.

Q5: If I find that I've been cheated by the price difference, what should I do first?

It is recommended to proceed in four steps: First, stop continuing to pay unclear fees, require the intermediary to provide a detailed list of all fees and invoices, and compare them with the contract price between the buyer and the seller; Second, comprehensively preserve evidence, including contracts, bargaining records, chat recordings, and transfer records. If any forgery or private receipt is found, take screenshots and save them in time; Third, firstly file a complaint with the intermediary's branch and the brand headquarters to request a refund, and simultaneously report it to the competent construction department and the market supervision department; Fourth, if no agreement is reached, file a lawsuit within the statute of limitations and, if necessary, hire a lawyer to retrieve the fund flow and apply for property preservation. Throughout the process, keep written records to avoid being passive in providing evidence due to oral communication.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Legal services for the purchase and sale of real estate·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.