[Direct answer]I have to pay compensation. The agent shall truthfully report to the client all matters related to the conclusion of the contract. If the agent intentionally conceals major defects and rights burdens of the house (such as haunted houses, water leakage, seizure, mortgage, occupied school records, objections from co-owners, etc.) or provides false information, he shall not request payment of the fee and shall bear the liability for compensation if the client suffers losses; if the circumstances constitute fraud, the client may also claim to rescind the sales contract.

1. Problem background and typical scenarios

High-risk scenarios concealed by real estate agents: Knowing that the house is a "haunted house", they fail to mention it; During the viewing, they conceal the traces of water leakage with lighting; After the deal is completed, the real estate agent suddenly discovers that the house has been sealed up or subject to a high mortgage, and urges the buyer to pay the deposit to "occupy the housing source"; The real estate agent verbally promises that "there's no problem" with the school district house, but fails to include it in the contract; The fact that the seller's spouse does not agree to the sale is packaged as "he will definitely cooperate". Each of these cases falls within the scope of the "duty to report truthfully".

II. Key points of dispute

First, the distinction between concealment and ignorance. If the agent genuinely did not know about the defects, they would not be held liable. However, if they "should have known but neglected to do so," liability would be apportioned based on their fault. Liability would be determined using evidence such as chat records, viewing records, and commission information. Second, the scope of losses. These include loss of deposits, price differences, repair costs, and litigation costs for alternative purchases, which would be determined based on the degree of fault and causality. Third, loss of compensation. If the agent intentionally concealed information, they would not only not be paid the commission but could also claim a refund for any commission already paid. Fourth, remedies for the sales contract. If the seller's fraud results in the contract being rescinded, how could the agent, who knew about the fraud, claim joint and several liability?

III. Professional analysis by Henglue Lawyers

The intermediary conceals the handling of disputes and follows a three-step process: "qualification - evidence collection - claim". **Qualification phase**: Article 962 of the Civil Code imposes a duty of truthful reporting on intermediaries. If they intentionally conceal important facts or provide false information, the consequences are twofold: loss of the right to request compensation (return of paid fees) and liability for damages. Here, "important facts" are judged based on their impact on ordinary buyers' decision-making - including ownership status (seizure, mortgages, co-owners), major quality defects (leaks, structural modifications), and property attributes (haunted houses, occupied school places). **Evidence collection phase**: Where to find evidence of the intermediary's "knowledge" - WeChat chats with sales consultants (where they evade questions or respond with "no problem"), concealed traces during property showings (photos and videos obscured by lighting or furniture), housing information in the intermediary's internal system and contract agreements (property investigation records showing seizures or mortgages but not disclosed), and testimonies from neighbors in the same community. Buyers' own due diligence records (inspections with engineers, registry results) serve both as preventive measures and evidence for claiming "non-disclosure of material information" later. **Claim phase**: Loss claims follow two paths based on contract enforceability: - For completed transactions: Claim compensation from the intermediary (for concealed leaks or haunted houses, calculated based on repair costs and market depreciation) and seek defect warranties from the seller, applying fault and statutory liability concurrently. - For uncompleted transactions with paid deposits: Cancel the contract, refund the deposit, and claim trust losses from the intermediary. For fraudulent contracts, the other party also bears liability for breach of contract. **Prevention checklist for buyers**: - Check property registry before signing (clear ownership, mortgages, and seizure status). - Include all verbal promises in supplementary agreements (school places, household registration, and defect disclosure clauses). - For large transactions, hire a lawyer for property and contract review. - In a housing dispute case in Beijing, lawyers successfully recovered deposits and mitigated losses through rigorous evidence organization. Beijing courts scrutinize intermediary concealment cases strictly, judging "knowledge or awareness" based on evidence rather than statements. Chat records in buyers' hands serve as the strongest evidence.

IV. Practical suggestions and legal basis

The first step is to conduct a preliminary search of the property records: verify the ownership, mortgages, seizures, and the status of household registration and school enrollment independently; the second step is to formalize the commitment into a contract: all verbal commitments made by the agent and the seller shall be incorporated into the contract terms; the third step is to collect evidence: chat records, viewing footage, and entrusted information shall be preserved as a set; the fourth step is to file claims on two fronts: assert both the agent's and the seller's liabilities, and quantify the losses item by item. The main legal basis: Article 962 of the Civil Code of the People's Republic of China (the agent's obligation to report truthfully), Article 148 (fraud can be revoked), and Article 577 (liability for breach of contract); the specific application shall be subject to the currently effective laws and regulations.

5. Henglue Law Firm's Advice

An agent can't do your research for you: check the ownership status yourself, include major commitments in the contract, and save the viewing videos for later. These three simple steps can prevent 90% of hidden disputes. If a hidden issue does arise, you'll face triple penalties - agency fees, damages, and contract termination - so don't just focus on the deposit. For disputes involving agents and homebuyers' rights protection, you can seek help through the following channels:Property transactions and construction projectsFor obtaining a comprehensive solution for the service, you can refer to the review of the intermediary contractBusiness and contract disputes in enterprisesFor those involved in the recovery of deposit losses, you can refer to the following article for more information.Creditor's rights and debts, and enforcement casesFor customized home-buying solutions, you can combine the following elements:Specialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can the agent be exempt from liability if they say, "I didn't know it was a haunted house"?

Judging from the evidence, even if the agent denies knowing the information about the property and the reputation of the community, they will still be held responsible if it is determined that they should have known about it.

Q2: Can I get a refund for the agency fee I've already paid?

Anyone who intentionally conceals or falsely reports information can claim a refund, and the law directly stipulates that they will lose the right to request compensation.

Q3: If the water leakage is concealed by the seller, does the agent also need to compensate?

The seller shall bear the warranty liability for defects, and the agent shall bear corresponding compensation liability if he/she knowingly conceals the defects.

Q4: What should I do if the house that was sealed up is being urged to pay the deposit?

Immediately stop making payments and keep the records of the collection efforts. Based on the fact that the payment has been made, the debtor may request the revocation of the seizure and the return of the funds.

Q5: How to formalize an oral promise that the student's academic record has not been occupied?

It's difficult to substantiate claims without evidence, whether they're stated in a supplementary agreement or preserved in chat records. Therefore, it's essential to include all terms in the contract before signing it.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·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.