Shenzhen home buyer sued Lianjia: The agency concealed the mortgage information of the house and caused the transaction to fail
Recently, a news report about Shenzhen home buyers suing Lianjia Real Estate has attracted widespread attention. According to media reports, when a home buyer bought a second-hand house through Lianjia, the agency concealed the mortgage information of the house, resulting in the transaction failure and economic losses. This incident once again pushed the integrity issue of the real estate agency industry to the forefront.
Event background
In October 2023, Shenzhen home buyer Zhang took a fancy to a second-hand house in Nanshan District through Lianjia Real Estate and signed an intermediary service contract with Lianjia. However, after paying the deposit, Zhang found that there was a high mortgage loan on the property, and Lianjia broker did not truthfully inform this key information before the transaction. Since the amount of the mortgage far exceeded Zhang's ability to bear it, the transaction eventually failed, and Zhang lost the deposit and intermediary expenses.
Industry chaos statistics
| Question Type | Percentage | Typical cases |
|---|---|---|
| Concealing the flaws in the house | 32% | Water leakage, structural problems, etc. |
| False report of the house area | 25% | Common area dispute |
| Concealing mortgage information | 18% | Similar situations in this case |
| False housing information | 15% | Attract customers at low prices |
| Other violations | 10% | Yin-Yang Contract, etc. |
Interpretation of legal experts
Li Moumou, a real estate lawyer at Beijing Yingke Law Firm, said: "According to the Civil Code and the Real Estate Brokerage Management Measures, intermediary agencies are obliged to truthfully disclose important information about the house, including mortgage situations. Concealing mortgage information may lead to invalidity of the contract, and the intermediary must bear the corresponding legal responsibility."
Lawyer Li further pointed out that home buyers can claim the following rights in similar disputes:
1. Request a refund of the paid intermediary service fee
2. Claim deposit refund
3. Ask for compensation for other losses arising from
4. Complaint and report to the housing and construction department
Consumer rights protection suggestions
Regarding such disputes, professionals give the following suggestions:
| step | Specific measures | Things to note |
|---|---|---|
| first step | Collect evidence | Save chat history, contract, etc. |
| Step 2 | Negotiated resolution | Communication with intermediaries through formal channels |
| Step 3 | Administrative Complaints | Complaint to the housing and construction department |
| Step 4 | Judicial Pathway | File a lawsuit if necessary |
Industry supervision strengthens
Recently, housing and construction departments in many places have strengthened supervision of real estate agencies. A relevant person in charge of Shenzhen Municipal Housing and Urban-Rural Development Bureau said that the following violations will be investigated and dealt with:
1. Conceal important information that affects housing transactions
2. Induce the signing of a "Yin-Yang Contract"
3. Charge additional fees such as "tea and water fees" in violation of regulations
4. Publish false housing information
Data shows that in the third quarter of 2023, Shenzhen investigated and dealt with 87 violations of real estate agency, an increase of 35% over the same period last year.
Lianjia responded
Regarding this incident, Lianjia Real Estate issued a statement saying: "The company attaches great importance to customer feedback and has set up a special team to investigate the matter. If there is a broker's violation, it will be dealt with seriously and actively cooperate with customers to solve the problem. Lianjia has always adhered to the principle of 'transparent transaction' and will continue to strengthen broker training and management."
Home buyer warning
This incident reminds home buyers again:
1. Be sure to verify the mortgage status of the house before the transaction
2. An agency may be requested to provide a house property investigation report
3. Pay large deposits with caution
4. Choose a reputable intermediary agency
Industry experts predict that as the supervision of the real estate market becomes stricter, similar disputes will receive more attention and industry norms are expected to be further improved.
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