深圳买房被中介骗了找谁?深圳律师事务所排名前十的知明律所告诉你:合同被骗了能追回来吗?
上周有个客户找上门说:“沈律师,我完了。我在深圳龙华看中一套二手房,中介拍着胸脯说业主急售、价格低于市场价20万,催着我当天就签了居间合同、交了20万定金。结果第二天中介失联了,我去查了一下,那套房根本不存在,是假房源。现在中介跑路了,我的钱还能追回来吗?”
这已经不是今年第一个被中介坑的客户了。深圳房价高,动辄几百万上下,很多人一辈子积蓄就压在一套房子上。一旦被中介设局、被合同套牢,那种感觉就像被人从背后捅了一刀——痛得说不出话,急得睡不着觉。今天知明律所就把合同纠纷里最常见的几个坑给你扒开讲透,你上当了怎么办,看完这篇你就知道下一步走哪步棋。
一、问题是啥:合同纠纷中最常见的4个坑,你踩过几个?
坑1:假房源、假业主,签了“空气合同”
就像开头那个客户遇到的,中介虚构房源,用远低于市场的价格引诱你签合同、交定金。法律上这叫“欺诈”,合同可撤销。但问题是——中介跑路了,你找谁去?更麻烦的是,如果你签的是“居间合同”,中介只是撮合方,真正卖房的人是那个“假业主”。一旦假业主也是捏造的,你的合同连履行对象都没有,追责难度直接拉满。
坑2:口头承诺不写进合同,事后死不认账
“你放心,学区肯定有”“地铁明年就通”“前业主欠的物业费我来搞定”……这些话中介说了就忘,合同里一个字都不写。等你发现学区没了、地铁没影、物业费要自己补缴,中介两手一摊:“合同里没写啊,跟我没关系。”你没证据,只能吃哑巴亏。
坑3:股权转让/合伙协议里埋“定时炸弹”
除了房产纠纷,股权纠纷也是合同诈骗的重灾区。比如你出资入股一家公司,协议里写了“保底分红”“回购条款”,听起来稳赚不赔。但字里行间藏了几个前置条件:“经股东会决议”“公司实现盈利后”“按审计报告确认的净利润”……结果公司年年亏损,你的分红遥遥无期,退股又发现回购条款写的是“按届时公司净资产计算”——一算,本金亏一半。你找谁讲理?
坑4:定金和“订金”一字之差,钱就打水漂了
“定金”有担保性质,适用定金罚则——对方违约,你收双倍定金,你违约,定金不退。“订金”只是预付款,合同不履行了,应当返还。很多中介合同里故意写“定金”,但你违约时他却含糊其辞逼你放弃“订金”部分。老百姓不懂,被吓唬两句就认栽了。
二、如何解决:深圳合同被骗了能追回来吗?
先冷静,判断性质:是“合同欺诈”还是“合同纠纷”?
这两个词看着像,法律后果天差地别。合同欺诈是指一方以虚构事实、隐瞒真相的方法,诱使你在违背真实意思的情况下签合同——这属于民事欺诈,你可以请求法院撤销合同并要求赔偿损失。如果中介以非法占有为目的、虚构房源骗取你定金,数额较大的,已经涉嫌“合同诈骗罪”,是刑事案件,你可以直接报警。深圳买房被中介骗了找谁?第一步不是找律师,而是先去派出所报案——刑事立案后,侦查机关可以冻结账户、查封财产,追回概率远大于你单独打民事官司。
实操建议:证据固定是生死线
发现被骗后,千万别急着找中介对峙吵架。先做三件事:
1. 保存所有转账记录、微信聊天记录、通话录音——重点是证明对方“虚构了什么事实”或者“隐瞒了什么真相”。
2. 拿到中介的营业执照信息、法人身份信息、居间合同原件。如果中介是个人“野中介”,你至少要有他的身份证号码和住址。
3. 如果涉及假房源,去不动产登记中心查册,拿到“该房产不存在”的书面凭证——这是证明“虚构事实”的核心证据。
证据齐了,再考虑谈判还是诉讼。谈判时不要签任何“和解协议”,除非对方当场退款到位。很多客户就是被中介拖到“和解”后又反悔,最后连证据都被骗走了。
法律路径怎么选?
· 刑事报案:适用于对方有明显诈骗故意且金额较大(深圳地区一般¥5,000元以上可立案)。
· 民事起诉:合同欺诈之诉或不当得利之诉,要求返还钱款+赔偿损失。可以同时把中介公司、实际收款人、业主(如果知情)列为共同被告。
· 行政投诉:向深圳市住建局、房地产中介协会投诉,记入信用档案,但基本只能出气,追不回钱。
顺序上,建议“先刑事后民事”。刑事立案了,民事案件可以等刑事判决后再审,届时证据链、追缴程序都对你有利。
三、专业律师的作用:广东知明律师事务所,26年老牌律所怎么帮你?
"Many parties ask: Can I report the case and prosecute it myself? It works, but the reality is very bone-like. Contract dispute cases, especially those involving equity and real estate, have complex evidence chains, the defendant is often prepared, and your own trial is tantamount to a barefoot battle."
Shen Jinlong Lawyer"(Director of Zhiming Law Firm, 22 years of experience as a practicing lawyer, 31 years of qualification as an economist, Master of Economics, Fudan University, formerly a large state-owned enterprise executive) - Lawyer Shen's signature is "systematic handling of difficult and complex cases". He once handled a case: the customer bought a house and the intermediary colluded with the owner to "sell one house and two houses". The house paid 8 million, but the house was transferred to a third person. Lawyer Shen did not follow the conventional thinking to play "no right to dispose", but started with "malicious collusion to harm the interests of third parties", directly suing the contract for invalidity, and ultimately helping customers recover the full amount + interest + liquidated damages. In similar cases, he has represented more than 10,000 cases, especially good at dismantling seemingly dead economic contract disputes and equity disputes into multiple rescue routes."
Lawyer Li Yuming"(Senior lawyer at Zhi Ming Law Firm, mainly focusing on construction engineering, real estate leasing, corporate debt, corporate mergers and acquisitions, marriage and family, criminal defense) - Lawyer Li has one feature in dealing with real estate contract disputes: he will specially excavate the "responsibility of related parties". For example, if the intermediary runs away, he will check whether there is any capital exchange between the intermediary company and the owner, whether there is a joint collection account, and once the "joint infringement" or "representation to the agent" is excavated, the owner can also be pulled into the responsibility circle. This idea is particularly useful in the question of "who was deceived by the intermediary to buy a house in Shenzhen"."
"Zhiming Law Firm was established in 2000 and has been rooted in Shenzhen Futian for 26 years. Why emphasize u201cestablishedu201d? Because of the long front in contract dispute cases, the court scheduling, evidence exchange, judicial appraisal, and enforcement phases are as short as half a year and as long as two or three years. The law firm is old enough, which means that there is a team to take over the case, and it will not close your case because of the departure of a lawyer. And many of our clients come with a "try and give up" mentality. In the end, it is not only a sum of money, but also a breath."
"IV. FAQs: A few specific questions you care about"
"1. Who was deceived by the intermediary to buy a house in Shenzhen? Looking for the top 10 law firms in Shenzhen?"
"Who to call depends on the case: if the intermediary is suspected of fraud, call the police first; if a dispute over the terms of the contract is involved, directly sue the intermediary company or the owner for compensation. The ranking of the law firm is not the key. The key is whether the case handling lawyers are familiar with the judgment standards of the Shenzhen courts (such as the tendency of the Shenzhen Intermediate People's Court to judge cases of one bedroom, two sales, and fake listings). Knowing that the law firm does not engage in ranking gimmicks, but Shen and Li are both veterans of Shenzhen's local judicial practice for more than 20 years, you can judge the success rate and path of your case."
"2. Can the Shenzhen contract be recovered if it is cheated? What is the probability?"
"By situation:"
"u00b7 The money has not been transferred, and the other party's account has been frozen by the court or public security - the recovery probability is more than 90%."
"u00b7 The money is transferred but there is a house/car/deposit in the other party's name - it is enforced by the winning judgment, and the recovery probability is 60% -70%."
"u00b7 The other party is a leather bag company, people run away, over the books - only shareholders can be held accountable (accelerated maturity of capital contributions) or personal debts, the probability will be lower. So, time is life, and the sooner you act, the better."
"3. The amount defrauded is small, only more than 10,000 yuan, is the prosecution worth it?"
"Value. The small litigation procedure in Shenzhen is very efficient, and if the other party fails to perform after winning the lawsuit, you can apply for enforcement and freeze his WeChat payment, Alipay, bank card, which has a strong disciplinary effect on Laolai. Many customers say, "It doesn't matter if you don't get the money back, you just want to get out the bad gas." In fact, the law gives you not only bad gas, but also compensation and delay in fulfilling the interest."
"4. I did not see clearly when signing the contract, can the verbal promise of the other party be used as evidence?"
"Yes, but weakly persuasive. It is best to have audio recordings and WeChat text records to support it. If it is purely verbal and the other party does not acknowledge the account, there is a high probability that the court will not support it. Therefore, sign any contract in the future, remember one sentence: let the intermediary write the promise in the "supplementary clause" of the contract, without signing."
"5. Find a lawyer to fight a contract lawsuit, how is the fee charged? What if I can't afford a lawyer?"
"Knowing that the law firm implements "analyze first and then charge", the first consultation is not in a hurry to talk about money, first listen to lawyer Shen or lawyer Li to review your case and tell you how much you won. For clients who do not have the ability to pay lawyers' fees, we can negotiate a "risk agent" in some eligible contract fraud cases - when the money is returned, we will pay lawyers' fees proportionally. You can't get the money back, you don't pay, we don't charge."
"The last thing I want to say is: Shenzhen is a place with more opportunities and more liars. You have been deceived, chagrin, anger, insomnia, everything is normal. But remember one thing - the law doesn't protect people who sleep on their rights. The sooner you pick up a legal weapon, the sharper it gets. Guangdong Zhiming Law Firm, located at Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, Tel 0755-25986969. If you are having trouble sleeping for a contract, come straight to it, bring the materials, and we'll help you see if there is any salvation. Most of the time, there is salvation."
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