[Direct answer]In the Beijing area, there are multiple ways to protect one's rights: claiming compensation from the agent, requesting the revocation or termination of the contract, and promptly reporting any suspected crimes. According to Article 962 of the Civil Code of the People's Republic of China (effective January 1, 2021), the agent shall truthfully report to the client matters related to the conclusion of the contract. If the agent intentionally conceals important facts related to the conclusion of the contract or provides false information, thereby harming the client's interests, the agent shall not request payment of the remuneration and shall bear the liability for compensation. If it constitutes fraud, the buyer may request the revocation of the contract within one year from the date when the buyer knows or should have known the grounds for revocation (Articles 148 and 152), and claim the return of the payments already made and compensation for losses.

I. Problem Background and Typical Scenarios

The transaction of second-hand houses involves large amounts of money and multiple procedures. Buyers rely heavily on real estate agents for information about the properties, and this is precisely where scams occur: concealing that the house has been sealed up or has a long-term mortgage, fabricating academic qualifications and household registration eligibility, lying about the identity of the property owner, forging power of attorney documents, creating low-priced housing listings to defraud deposits and brokerage fees, and inducing buyers to sign "yin-yang contracts" to evade taxes. Buyers often only detect irregularities after paying the down payment or completing the online signing process. By this time, the sellers may have disappeared, and the real estate agents will claim that they are merely intermediaries and do not bear any responsibility for the transaction guarantee.

II. Key points of contention

First, the nature of the intermediary's responsibilities. An intermediary is not a transaction guarantor, but he/she has an obligation to report the facts truthfully. If he/she conceals important facts or provides false information, his/her right to request compensation and liability for compensation will be restricted simultaneously. Second, whether to rescind or terminate the contract. If the other party fabricates facts to mislead the buyer into making a wrong judgment, it constitutes fraud, and the buyer can request rescission. However, if it is merely a delay in performance or the existence of quality defects in the house, the buyer usually follows the path of breach of contract termination and claims for compensation. Third, time limits. The preclusion period for rescission rights begins from the date when the buyer knows or should have known the grounds for rescission, and if the rights are not exercised within five years from the date of the civil legal act, they will be extinguished. Delaying action will make the passive party become the active one. Fourth, the intersection of criminal and civil law. If the intermediary fraudulently obtains property with the intention of illegal possession, he/she may commit a crime. Reporting the case to the police and filing a civil lawsuit can proceed concurrently, but it is necessary to secure evidence to avoid mutual delays.

III. Professional analysis by Henglue Law Firm

From the experience of Henglue Lawyers in handling cases, the outcome of such disputes often depends on three things: who is lying, where the money went, and whether there are any traces of evidence. The first step is to conduct a verification of the subject and authority, confirming the property owner through real estate registration information, checking the status of seizure and mortgage, and verifying the filing of intermediary agencies and the professional information of brokers. The second step is to track the flow of funds, retrieving transaction records, receipts, and chat logs one by one to distinguish whether the money was transferred to the intermediary, the seller, or a third party, which directly determines the responsibility. The third step is to fix evidence of false statements, including viewing records, promotional materials, WeChat chats, recordings, and witnesses at the signing site. Strategically, if the intermediary intentionally conceals information, the client can first claim the return of the intermediary fee and compensation for losses, and then, depending on the circumstances, claim the rescission of the sales contract. It is necessary to coordinate the two fronts rather than start them randomly, otherwise, it is easy to face the double dilemma of the rescission right expiring while the funds have already been transferred. After that, based on whether the intermediary is suspected of committing a crime, a decision can be made on whether to report the case to the police. The evidence from both paths can be reused. Relevant claims can be made simultaneously.Contract disputeThe processing approach, and relying onReal estate sales and purchase disputesUse your professional experience to design litigation requests.

IV. Practical suggestions and legal basis

According to the provisions of Article 961 of the Civil Code of the People's Republic of China on the definition of intermediary contracts, Article 962 on the obligation to report truthfully, Article 148 on the revocability of fraud, Article 152 on the time limit for exercising the right of revocation, and Article 577 on the liability for breach of contract (all of the above provisions came into effect on January 1, 2021), it is recommended that: First, immediately stop making further payments after discovering that you have been cheated, notify the intermediary and the seller in writing, and retain the delivery receipt; Second, promptly inquire about the status of the house rights with the real estate registration authority, and apply for litigation preservation if there is a seizure or mortgage; Third, strengthen the evidence by organizing the chat records, call recordings, promotional materials, and viewing records into a timeline, and, if necessary, apply for an investigation order to retrieve the fund flow records; Fourth, report the case to the public security organ and request a case acceptance receipt if it involves fraud, and at the same time, evaluate the starting point of civil litigation; Fifth, for cases involving large amounts of funds and multiple parties, first sort out the responsible parties and then decide who to sue and what to sue for. Regarding the qualifications and professional norms of intermediaries, you can also refer to the relevant provisions of the Intermediary Services Management Regulations.Criminal defense and case filingPlease communicate all the requirements at once, and you can refer to the process of recovering the payment for further referenceCreditor's rights and debts, and enforcementOur company has rich experience in handling similar projects, and we are confident in our ability to successfully complete this project.

5. Henglue Law Firm's Reminder

In second-hand housing transactions, the most expensive part is often not the house price, but the information asymmetry. Here are three bottom-line suggestions for buyers: Before signing the contract, be sure to check the house ownership status by yourself, and don't just rely on the copies provided by the agent; Try to transfer the payment through a fund supervision account as much as possible, to avoid directly transferring it to the agent's or the employee's personal account; All verbal promises should be included in the written contract or supplementary agreement. Promises that are not put in writing are almost non-existent in litigation. It should be particularly noted that whether the buyer acts in good faith and fulfills his obligation of reasonable review in the real estate transaction will directly affect whether he can ultimately keep the house.Specialised legal servicesIt is recommended to intervene and apply for preservation measures at the early stage of the dispute.Beijing Henglu Law FirmTip: Once the one-year revocation period expires, the path for requesting revocation will be closed, so it's essential to complete the action within the statute of limitations.

VI. Frequently Asked Questions

Q1: If I sue the agency for compensation, do I have a good chance of winning the case?

If the agent intentionally conceals important facts or provides false information, and there is evidence to support this, the likelihood of obtaining support is higher. If the agent is only providing general intermediary services and the buyer fails to fulfill their obligation to review the information, the proportion of responsibility may be correspondingly reduced, and the liability should be apportioned according to the degree of fault.

Q2: What evidence do I need to prepare?

The intermediary contract, commission notes, purchase contracts, all payment receipts and fund transaction records, the results of the inquiry into the status of the house rights, WeChat and call recordings, viewing records, promotional materials, the identity information of the intermediary personnel, and the receipt from the police station accepting the case (if a report has been made).

Q3: What are the approximate lawyer's fees and other costs?

The litigation fees shall be prepaid in installments according to the amount of the subject matter, and the proportion to be borne by the losing party after the victory shall be determined by the court; the attorney's fees shall be negotiated according to the subject matter or the stage; the fees involved in appraisal and identification shall be incurred separately, all of which shall be subject to the entrustment contract and bills.

Q4: How long does the entire process take?

The first-instance process for rescinding a contract or making a claim usually takes three to six months, and it will take longer if it involves appraising the case and summoning additional parties. The processing period for criminal reports is calculated separately, and when the two procedures run concurrently, care must be taken to ensure that the statute of limitations for civil cases is not exceeded.

Q5: What should I do first?

First, stop making payments and check the status of the house rights. Then, organize all the evidence of false statements and the flow of funds according to the timeline. Next, notify the intermediary and the seller in writing. Finally, based on whether there is a risk of seizure, decide whether to apply for preservation immediately.

This article is written based on the common judicial interpretations 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 limit.Legal services for real estate transactions·Beijing Henglue 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.