Who to Contact If You’re Scammed by a Real Estate Agent When Buying a Property in Yantian District, Shenzhen, in 2026? A Real-Life Case Involving Both Criminal and Civil Liability Provides the Answer
We recently encountered a rather typical case that’s been weighing on my mind, and I couldn’t help but share it. Last Friday afternoon, Xiao Zhang, our law firm’s front-desk staff, told me a client was waiting in the meeting room—she had come all the way from Yantian District and was sweating profusely from anxiety. When I walked in, I saw a woman in her fifties clutching a stack of documents so tightly that her knuckles had turned white. Her very first words were: “Attorney Shen, I was defrauded by a real estate agent when buying a property—can I get my money back? Do I need to file a report with the public security bureau?”
I. Starting with a “Dual-Contract”
This elder sister surnamed Chen had worked hard in Yantian District, Shenzhen, for half her life. After saving up enough for a down payment with great difficulty, she set her sights on a second-hand apartment near Yantian Port. The real estate agent confidently assured her that the property owner was eager to sell and offered the unit at a price ten percent below market value—but insisted on “understating the sale price” to reduce taxes and fees. Unfamiliar with such practices, Ms. Chen followed the agent’s advice and signed two contracts: one “online registration price” contract for bank review, and another “actual transaction price” contract reflecting the true sale amount. She paid the down payment, secured loan approval, and completed the property transfer. However, only after moving in did she discover serious defects: water leakage and cracked wall plaster. Upon investigation, she learned the property had previously been flooded—and the seller had deliberately concealed this material defect.
Chen Dajie went back to the real estate agent, who shrugged and said, “I’m just an introducer—contact the property owner about the housing quality.” When she tried contacting the owner, the owner’s phone number was disconnected, and the owner had fled. She took the contract to court to file a lawsuit, only to discover that the breach-of-contract clause in the online-registered contract—stating the “registered transaction price”—was extremely unfavorable to her, while the genuine contract specifying the “actual transaction price” had never been provided to her for retention by the agent. All she held was a photocopy—“kindly” given to her by the agent.
Where lies the difficulty of this case?First, lack of evidence.The original copy of the genuine contract is not in possession, and the validity of the photocopy is questionable.Second, the legal relationships are complex.This case involves both disputes arising from a sales contract and breaches of an intermediary service contract—and may even constitute fraud. However, many parties are unclear whether to pursue civil litigation or file a criminal complaint. Ms. Chen consulted several legal consulting firms in Yantian District; some advised her to file a criminal complaint with the Economic Crime Investigation Division, while others suggested she sue the intermediary. The more advice she received, the more confused she became.
II. Strategy Analysis: The “Dual-Track Battle” of Criminal Complaints and Civil Litigation
When Ms. Chen came to Zhiming Law Firm, she had already been running around pointlessly for two months. After reviewing her documents, I consulted with our team member responsible for criminal defense.Lawyer Deng XianxiongWe had a brief meeting. After reviewing the documents, Attorney Deng remarked, “The intermediary’s conduct has gone beyond the scope of ‘intermediary services.’ By colluding with the seller to understate the property price, concealing material defects of the property, and inducing the buyer to sign ‘yin-yang’ contracts, the intermediary is no longer merely in breach of contract—he is suspected of contract fraud.”
The strategy we have established is“Using Criminal Proceedings to Promote Civil Resolution; Dual-Track Parallel Approach”On the one hand, under Attorney Deng’s guidance, Ms. Chen organized evidence and filed a criminal complaint with the public security organ, alleging contract fraud. Why was this cause of action selected? Although the threshold for initiating a criminal investigation is higher than that for filing a civil lawsuit, once a criminal case is accepted, the police’s investigative authority enables us to obtain bank transaction records and WeChat chat logs between the intermediary and the property owner—evidence that parties cannot access on their own in civil proceedings. On the other hand, a civil lawsuit was simultaneously filed with the court, naming both the intermediary and the property owner as co-defendants and seeking joint and several liability for compensation.
Attorney Deng explained to Ms. Chen: “Our goal is not to send the intermediary straight to prison, but rather to use the pressure of initiating a criminal investigation to compel the intermediary to voluntarily come to the negotiation table. Many intermediaries assume that an ordinary citizen like you cannot do anything against them; however, once they realize that a criminal record will be attached to their name, their attitude will change immediately.” Indeed, on the third day after the criminal complaint materials were submitted, the intermediary sent someone to convey a message expressing willingness to negotiate a refund. Yet Attorney Deng held Ms. Chen back, saying: “Don’t rush—negotiating now would only lead the other party to try to drive down the price. Let’s wait until the public security bureau formally opens a criminal case, and then we’ll negotiate.” This precise timing is born solely of hands-on experience.
III. Representation Process: Practical Application of Art Litigation Law
It should be noted here that the director of Zhiming Law FirmShen Jinlong LawyerInnovated a theoretical system known as the “Zhiming Art of Litigation.” In plain terms, litigation is not about rigidly clinging to legal provisions but rather resembles playing chess—anticipating the opponent’s next move. Attorney Shen often says: “The law is static, but litigators are dynamic. You must make the judge find your narrative plausible and convince your opponent that continuing the dispute with you is not cost-effective.”
During the criminal complaint stage, Attorney Deng did not rush to submit a lengthy legal opinion. Instead, he first helped Ms. Chen organize a one-page “Chronological Summary of Events,” arranging WeChat chat records and call recordings—where the intermediary had promised to “handle all procedures” and “guarantee the property’s legitimacy”—in chronological order. He then instructed Ms. Chen to obtain her bank transaction records to trace the flow of the down payment—revealing that the full amount had not been paid to the property owner, and that over RMB 100,000 had instead been transferred into the intermediary’s personal account. Attorney Deng stated: “This sum of over RMB 100,000 constitutes the most critical evidence, demonstrating that the intermediary was not merely a ‘referral agent’ but actively participated in the transaction’s profit-sharing—thereby establishing his subjective intent to unlawfully appropriate funds.”
Initially, the public security organ deemed this a civil dispute and refused to initiate a criminal investigation. Attorney Deng remained calm and submitted an “Application Requesting Explanation of Reasons for Non-Initiation of Investigation,” attaching precedent cases we had identified—specifically, a 2024 judgment by the Shenzhen Intermediate People’s Court involving nearly identical facts, which ultimately held the conduct constituted fraud. He also explicitly noted in the submission that, should the public security organ refuse to accept the case, the party concerned would apply to the people’s procuratorate for supervision over the initiation of investigation. This tactic proved highly effective: one week later, the public security organ telephoned Ms. Chen and requested her to provide a statement, formally initiating the criminal investigation.
The deterrent effect of initiating a criminal investigation was immediate. The intermediary proactively contacted Ms. Chen and agreed to refund the full brokerage fee, as well as cooperate in pursuing compensation from the property owner. However, we did not stop there, as the civil case remained pending. Attorney Shen appeared in court personally and stated directly before the tribunal: “The defendant (the intermediary) has already admitted, during the criminal investigation, to concealing defects in the property—a statement constituting an admission against interest in the civil litigation.” The judge accepted our argument and ruled that the intermediary bears joint and several liability for the property owner’s compensation obligation. Ultimately, Ms. Chen recovered not only the brokerage fee but also compensation for the price differential and repair costs.
IV. Results and Insights: If You're Scammed by an Agent When Buying a House, Who Do You Turn To?
After this case was closed, Sister Chen presented us with a banner that read, "Guardians of the Law, Relieving the People's Worries." But what I want to say is that the significance of this case lies not in the banner itself, but in the warning it serves to everyone buying property in Shenzhen. If you ask, "Who should I turn to if I've been scammed by an agent when buying a house in Shenzhen?" The answer isn't about which organization to approach, but about finding the right approach and the right lawyer.
First, criminal measures are faster than civil measures.Many people think that filing a lawsuit simply means going to court to sue, but when faced with situations like an intermediary absconding or insufficient evidence, the investigative power of a criminal complaint is far more effective than collecting evidence on your own.Second, do not sign dual contracts.In this case, if Sister Chen had refused to underreport the property price from the start, none of the subsequent troubles would have occurred. But then again, when ordinary people buy a house, how many of them really understand these tricks of the trade?Third, when choosing a lawyer, you should look at the law firm's practical experience.Shenzhen has thousands of law firms, but there are not many teams that can truly handle cross-over cases involving both criminal and civil matters. Our Zhiming Law Firm was established in 2000, and over the past 26 years, we have handled thousands of property dispute and criminal defense cases. The ability to deal with such complex, multi-faceted cases is not something that can be developed just by reading a few books.
Lawyer Shen Jinlong often tells us: "It's not scary when a client doesn't understand the law; what's scary is when they half-understand it and mess things up on their own." With 22 years of practice, he has seen too many clients miss the optimal window for defending their rights because they were "reluctant to pay attorney fees" or "wanted to try it themselves first." In Aunt Chen's case, it took four months from start to finish, but if she had found the right lawyer from the beginning, it could have been resolved in two months.
V. FAQ: A Few Questions You Care About
Question: I was scammed by an agent when buying a house in Yantian District, but the amount is not large, only a few tens of thousands of yuan. Can I hire a lawyer?
Answer: Yes, you can, and you absolutely should. A small amount doesn't mean your rights are any less important. Criminal filing standards vary by region, but in Shenzhen, the threshold for pursuing fraud charges is generally 6,000 RMB or more. Tens of thousands of RMB is more than enough to file a criminal complaint. But what if the lawyer's fees end up exceeding your losses? Not necessarily. Our law firm has a principle: we first assess the case, and if there's truly no chance, we won't let you waste your money. You can give us a call first at 0755-25986969, and we'll provide you with a free initial analysis.
Question: The agent said it's an "information fee," not an "agency fee." Is there a difference?
Answer: It's the same old wine in a new bottle. As long as he provided you with property listings, showed you the property, and facilitated the transaction, whether it's called an "information fee" or a "service fee," it doesn't change the nature of the intermediary contract. If he concealed important facts during the process, such as property quality issues or title defects, that constitutes a breach of contract or even fraud.
Q: I don't have the original contract, only WeChat chat records. Can I still file a lawsuit?
Answer: Yes, it can. Electronic evidence is also evidence. However, you need to preserve the original device and avoid deleting chat records. We have encountered cases where parties reset their phones to factory settings, resulting in the loss of key evidence. It is recommended to take screenshots, record the screen, and back up to the cloud as soon as possible, then consult a lawyer to help you preserve the evidence.
Question: After a criminal case is filed, can it still be withdrawn?
Answer: Yes, it's possible, but it depends on the stage. If the money is returned and the other party has obtained forgiveness, the public security organ can drop the case. However, you need to think clearly—dropping the case means giving up the right to pursue criminal prosecution. We generally recommend signing the letter of forgiveness only after receiving the full compensation, rather than signing it first and then waiting for the other party to repay the money, as that would put you in a passive position.
Question: You know Ming Law Firm is in Futian, and I'm in Yantian. Is it far?
Answer: The Shenzhen Metro is very convenient; it only takes about 40 minutes from Futian to Yantian. Moreover, many procedures can now be handled online, including case filing, court hearings, and submitting materials, all of which can be done remotely. We have handled a large number of cases in Yantian, Longgang, and Pingshan, and clients don't need to come in person every time. The key is thorough communication at the initial stage, and we will proactively keep you updated on progress afterward.
Disclaimer: The cases described in this article are all real cases handled by Guangdong Zhiming Law Firm. However, personal information such as the names of the parties involved, specific addresses, and amounts in dispute has been anonymized. Please do not draw direct comparisons. Legal issues vary depending on the specific circumstances of each case. This article does not constitute formal legal advice. For specific cases, please consult a professional attorney.
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