An agent accuses Xie Na of "threatening," the reason being a "bypass" in a home purchase.

[4] Compiled from: Red Star News
 
Case review
On the evening of February 7, a tip-off claimed that Zhang Jie and Xie Na had avoided paying a brokerage fee for a home purchase. An intermediary using the pseudonym H alleged that Zhang Jie and Xie Na viewed a property under his guidance on June 21 and 22, 2019, and later contacted the landlord directly to purchase it, thereby bypassing a substantial commission. The intermediary also claimed to have been threatened by their lawyer afterward.

 
 

In response, on February 8, Zhang Jie and Xie Na's side issued a lawyer's statement, denying the allegations of "fee avoidance" and "threats," and stating that Mr. H's surreptitious filming severely violated their right to肖像权 and privacy.

 

 
Civil Code of the People's Republic of China
Article 965
If, after accepting the intermediary's services, the client uses the transaction opportunities or intermediary services provided by the intermediary to bypass the intermediary and directly enter into a contract, the client shall pay remuneration to the intermediary.

 
 

 
[1] The author's perspective
With the rapid development of the real estate industry, housing transaction intermediary service agencies have surged in recent years, and disputes over intermediary service contracts have increased year by year. "Fee avoidance" refers to a situation in the housing market where a buyer (or lessee) or seller (or lessor) bypasses the original intermediary, using the information and services provided by that intermediary to complete a transaction through other channels. This term is not a legal one. The Civil Code replaces the concept of "intermediary contract" in the Contract Law with "intermediary contract" and, through Article 965, provides the first clear legal regulation of "fee avoidance" behavior, thereby protecting the intermediary's right to receive remuneration.
 
This means that if a buyer has already accepted the intermediary's services but bypasses the intermediary to directly reach a deal with the property owner, harming the intermediary's interests, the buyer must still pay the corresponding intermediary fee. However, "directly entering into a contract" here refers to a direct transaction between the two parties without any intermediary involvement. In reality, property owners often list their homes with multiple intermediaries. If a buyer uses another intermediary with lower fees and better services to facilitate the transaction, it does not constitute "fee avoidance." Therefore, during the home-buying process, if no relevant agreement has been signed, even if an intermediary has shown the property, the buyer still has the opportunity to obtain the same property information through other legitimate channels. Thus, the buyer has the right to choose an intermediary with lower quotes and better services to complete the transaction, and this situation does not constitute a breach of "fee avoidance."