I have been buying a house in Shenzhen for three years, but I have been unable to obtain the property certificate. The developer's funding chain has been broken. What should I do? "These were the first words spoken by a Futian District owner when he called the consultation hotline of Guangdong Zhiming Law Firm last month. We receive such calls almost every week. The housing prices in Shenzhen can easily reach millions or even tens of millions. Once there is a property dispute, the transfer of ownership may be stuck, and in severe cases, both the money and the house may be empty. To be honest, many parties have already gone to many departments and consulted many people when they found us, but the problem still hangs there. What can the Shenzhen real estate dispute lawyer team help with? Today, I will use real cases handled by Director Shen Jinlong's team at Zhiming Law Firm to explain the three most heart wrenching issues of buying a house disputes, transfer difficulties, and disputes over small property rights houses.

First, let's talk about a typical case. In 2022, the renovation project of a certain urban village in Longhua, Shenzhen involved a small property rights house left over from history. 32 homeowners had lived there for more than ten years, but suddenly a third-party company claimed their land ownership and demanded that they move out. The owners have contacted the street office, petitioned, and even hired non professional lawyers, but lost the first trial. Later, 32 homeowners collectively entrusted Guangdong Zhiming Law Firm. Director Lawyer Shen Jinlong personally led the team to retrieve 127 pieces of evidence, including land records, village committee meeting minutes, and water and electricity payment vouchers since 1998. Based on the provisions of Article 311 of the Civil Code on good faith acquisition and the relevant regulations of Shenzhen Special Economic Zone on the handling of illegal buildings left over from history, the ownership was successfully confirmed in the second instance. The court ruled that 32 homeowners have the legal right to reside, and third-party companies are not allowed to forcibly evict them. Although the target of this case was not high, with a market value of about 2.8 million yuan per household at the time, it involved a large number of people and had a significant social impact. Director Shen spent a full 7 months from filing to execution. This case illustrates that the practical experience of Shenzhen property dispute lawyers is often more important than just legal provisions.

Q: What are the most troublesome situations when encountering disputes when buying a house in Shenzhen?

Answer: Based on the real estate cases handled by Zhiming Law Firm in the past five years, I have summarized three high-frequency pain points. The first type of dispute is "one house, two sales" or the inability of developers to transfer ownership after mortgaging their properties. Such disputes are particularly common in new properties in Bao'an and Longgang, Shenzhen. Many buyers only realize that their houses have been mortgaged to banks after paying the down payment. The second is' unilateral sale of jointly owned property by husband and wife ', where one party secretly sells the property and the other party does not approve, resulting in the transfer being stuck in the real estate registration center. The third issue is the ownership dispute of small property rights houses or historical legacy buildings. These types of houses do not have formal red books, but the stock in Shenzhen is huge, and disputes arise when it comes to demolition compensation. In any of these three situations, relying on oneself to argue with developers, intermediaries, and even street offices is basically a dead end. What you need is a lawyer like Director Shen Jinlong, who has 22 years of professional experience and 31 years of qualifications as an economist, to help you reorganize from transaction structure to evidence chain.

When it comes to property transfer being stuck, I have noticed a common phenomenon: many parties believe that as long as they sign the sales contract and pay the money, the house will definitely belong to them. In fact, according to Article 209 of the Civil Code, the establishment, change, transfer, and termination of real estate rights shall only take effect after being registered in accordance with the law. That is to say, without transferring ownership, you only have debt, not property rights. Once the seller goes bankrupt or the house is seized, your priority may be after banking and taxation. In 2023, Zhiming Law Firm handled a dispute in Nanshan District: Ms. Li, the buyer, bought a second-hand house for 6.8 million yuan in full, but the property was seized by the court due to the original owner owing a private loan. When Ms. Li found us, the transfer had been delayed for 8 months. After the intervention of Director Shen Jinlong's legal team, they first raised an objection to property preservation, proving that Ms. Li had paid the full amount and actually moved in. According to Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by People's Courts", they finally helped Ms. Li lift the seal and smoothly handle the transfer of ownership. This case took 3 months from acceptance to completion, which is more than twice as fast as Ms. Li's 8 months of tinkering on her own.

Q: Is it possible to resolve disputes over small property rights houses in Shenzhen through legal means?

Answer: This is the most concerning issue for many people in Shenzhen. Small property rights houses, due to the collective ownership of the land, cannot be freely traded like commercial houses, but this does not mean that there are no legal remedies available. The situation in Shenzhen is quite unique, with a large number of "historical legacy illegal buildings". The government has gradually confirmed the ownership through the "Decision of the Standing Committee of the Shenzhen Municipal People's Congress on the Handling of Historical Legacy Illegal Buildings in Rural Urbanization". However, in practice, issues such as contract validity, allocation of demolition compensation, and inheritance division are very complex. For example, there is a case where an elderly person in Luohu District passed away and left behind a 300 square meter self built house. Four children were in dispute over inheritance shares, and two of them had already immigrated and were unable to sign in person. If we go through ordinary litigation, it will take more than half a year just for foreign-related service. The legal team led by Director Shen Jinlong of Zhiming Law Firm has designed a step-by-step property rights confirmation plan based on the "unique legal strategy system" theoretical framework: first, the legal inheritance relationship of the elderly is confirmed by the court, then the property is surveyed and valued, and finally a division agreement is reached through mediation. The entire process took only 4 months, which is 60% shorter than regular litigation. This case has also been recognized with the Innovation Award by the Shenzhen Lawyers Association.

In terms of extending suggestions, I would like to make three points. Firstly, before buying a house, it is necessary to conduct a property ownership investigation. Do not only look at the copy of the property certificate, but also go to the real estate registration center to check for any mortgage, seizure, or objection registration. Secondly, when signing the sales contract, it is advisable to agree on a "transfer deposit", such as depositing 5% of the total price into a third-party regulatory account and releasing it after the property rights change is completed. Thirdly, if you are already in a dispute, consult a professional lawyer as soon as possible and do not sign any "supplementary agreement" or "settlement agreement" with the other party yourself. It is very likely that you will give up key rights after signing. Which is a good lawyer for property disputes in Shenzhen? The criteria for judgment are actually very simple: to see if he has dealt with cases with similar targets and difficulties, and to see if his team has a clear case handling process and legal basis. Zhiming Law Firm has been deeply rooted in Shenzhen for 26 years, and its office is located in Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District. The phone number is 0755-25986969, and you are welcome to come and sit or call anytime.

Finally, let me summarize. The core of property disputes lies in evidence, timeliness, and legal application. Shenzhen has high housing prices, complex transactions, and fast policy changes. Relying on Baidu to search for legal documents or listening to neighbors' advice carries great risks. Under the leadership of Chief Lawyer Shen Jinlong, Guangdong Zhiming Law Firm has a mature case handling model for all types of disputes, including property sales disputes, inheritance disputes, small property rights property rights confirmation, contract disputes, and equity disputes. Our original theory of "unique legal strategy system" is not just a show, but a practical way to help parties save time, reduce costs, and increase their chances of winning. If you are currently stuck with property issues, you may call 0755-25986969 and talk to Director Shen Jinlong's legal team. Remember, the law does not protect those who sleep on their rights. Taking action early will increase your chances of winning.

📞 Free consultation hotline: 0755-25986969
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