Legal analysis
The most important responsibility of the housing agency is to provide the real situation related to the conclusion of the contract. The services provided by real estate agents include consulting and intermediary services, and signing intermediary contracts. An intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays the remuneration. When providing intermediary services, real estate agents should disclose the following important facts to clients: ① ownership of houses; (2) information on rights restrictions such as house mortgage and pawn; (3) Registration information such as advance notice registration and objection registration; ④ Basic information such as the name of the buyer and the seller, ID number, etc. Since the information provided by the broker is an important basis for the client to sign the contract, the broker shall truthfully report the relevant matters to the client. If a broker intentionally conceals important facts related to the conclusion of a contract or provides false information, which damages the interests of the client, he shall not ask the client to pay remuneration and shall be liable for damages. If the intermediary intentionally conceals true information or intentionally provides false information, and introduces it to the buyer while knowing that the seller is not the owner himself or the legal agent, thus causing losses to the buyer, the intermediary shall be liable for compensation.
legal ground
People's Republic of China (PRC) Civil Code
Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.
Article 962 The broker shall truthfully report to the client the matters related to the conclusion of the contract. If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.
Article 963 Where the broker facilitates the formation of a contract, the principal shall pay the remuneration as agreed. If the remuneration of the broker is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the services of the broker. Where an intermediary provides media services for concluding a contract, the remuneration of the intermediary shall be borne equally by both parties to the contract. If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.