A Shenzhen home purchase transfer was stuck for 178 days, and the seller sold the house to someone else? A real estate lawyer breaks down 4 fatal steps.

Old Wang had his eye on a second-hand apartment in Shixia, Futian. He signed the contract and paid a 600,000 yuan deposit. But on the day of the title transfer, he was stunned—the property had been seized by the court. The seller casually said, "I have an unpaid debt out there." Old Wang spent 178 days running around, but he neither got the apartment nor got his deposit back. He sat in our office, clutching the contract, and asked me, "Lawyer, can I still get this apartment?"
This kind of thing is really not uncommon in Shenzhen. Last year alone, the average amount in dispute in Shenzhen property cases exceeded 20 million yuan. From Futian to Longhua, from Nanshan to Bao'an, every day homebuyers step into similar pits. Today, in a Q&A format, I'll explain once and for all several high-frequency issues: getting scammed when buying a home, being stuck at transfer of ownership, selling one property to two buyers, and disputes over small property rights housing.
This issue depends on what is written in your contract and the current condition of the house.
Legally, this is called "specific performance of the contract." According to Article 577 of the Civil Code, if one party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear liability for breach of contract, including specific performance, remedial measures, or compensation for losses. Put simply, as long as the house has not been seized, mortgaged to a bank, and the seller is still the property owner, you have a chance to ask the court to order the transfer of title.
But reality is often more complicated than legal provisions. I handled a case in Nanshan where the buyer paid a deposit of 1.2 million yuan, but the seller turned around and sold the house to someone else for 800,000 yuan more, and completed the transfer. At that point, if you demand specific performance to force the transfer, it's basically hopeless, because the house already belongs to someone else. All you can do is sue the seller for breach of contract, demanding double the deposit back, or claiming compensation for the loss from the difference in the rising housing price.
So the key move is: on the day you sign the contract, go to the real estate registration center and file a "pre-notice registration." This registration costs very little, but it can lock down the property—without your consent, the seller cannot transfer the title. Many homebuyers don't know about this step, and only turn to a lawyer after something goes wrong, which cuts their chances of winning in half.
Small property rights housing is a legacy issue in Shenzhen. It's genuinely cheap, but the risks are genuinely high.
Two years ago, our law firm handled a group case involving small property rights housing in Longhua. Thirty-two households had bought units in the same building and lived there for four or five years, when they suddenly faced a full building eviction. Ownership between the developer and the original villagers was unclear, and the homeowners held only a "cooperative housing construction agreement," without even property ownership certificates. During that period, the homeowners went from being too devastated to even cry to organizing rights defense efforts. We accompanied them through 480 days, and ultimately, by advancing administrative litigation and ownership confirmation litigation on two tracks, we successfully obtained ownership confirmation judgments for all 32 households.
This case was won not by luck, but by the chain of evidence. Every payment receipt, every utility bill, every chat record with the seller became key to proving "actual possession and use." If all you have is a handwritten receipt and not even a transfer record, then even a lawyer will have a hard time helping you.
So, small property rights housing isn't absolutely off-limits, but you need to do three things: first, verify the land use classification and historical construction approval procedures for the building; second, make all transaction payments via bank transfer with clear notes on the purpose; third, have a professional lawyer conduct a complete legal due diligence. Don't try to save a few thousand dollars in legal fees only to end up losing millions on the property.
You can pursue it, but it depends on timing and strategy.
The essence of selling one property to two buyers is that the seller has breached the contract. The contract you hold is your weapon. If the second buyer has acquired the property in good faith—meaning they were unaware of the prior sale, paid a reasonable price, and completed the transfer of ownership—then your chances of getting the house are basically gone. However, you can sue the seller to demand the return of the payments you made and compensation for your losses, including the difference caused by the rise in property prices.
The most ruthless case I've ever seen was a seller in Luohu who sold one apartment to three different buyers and collected four deposits. In the end, the court not only ordered him to refund and compensate, but he was also formally investigated by public security authorities on suspicion of contract fraud. So when you run into a case of selling one property to multiple buyers, don't just think about filing a civil lawsuit—when it's time to call the police, call the police.
One reminder here: if you notice signs that the seller is transferring assets or preparing to abscond, apply for property preservation immediately. Seizing their bank accounts and freezing their other properties is more effective than anything else. One of the core principles of our law firm's original "Zhiming Art of Litigation" system is "use negotiation to drive litigation, and use litigation to drive negotiation." In many cases, the other party is forced to sit down and negotiate during the preservation stage—there's no need to wait for a judgment.
In Shenzhen, an ordinary civil real estate dispute case usually takes six to twelve months from filing to the first-instance judgment. If appraisal, expert evaluation, or service by public announcement is involved, it will take even longer. And if it goes to a second-instance trial, another year and a half will have passed.
There's no unified standard for lawyer fees in the Shenzhen market. Some law firms charge a percentage of the amount in dispute—for example, 50,000 to 80,000 yuan for a case worth 1 million. Others charge by the hour, ranging from 2,000 to 5,000 yuan per hour. But what I want to say is, don't choose a lawyer based on price alone. A veteran lawyer who has handled real estate litigation in Shenzhen for 26 years and a newcomer who just got their license may have vastly different judgments on the same case.
Our Guangdong Zhiming Law Firm put down roots in Shenzhen back in 1999 and has handled over 10,000 cases to date. Our director, Lawyer Shen Jinlong, holds a master's degree from Fudan University, once served as a senior executive at a state-owned enterprise, and has been practicing law for 26 years. He often tells the team, "In real estate cases, the outcome is usually decided at the evidence preservation stage." If you're in the middle of a real estate dispute and aren't sure what to do next, feel free to stop by Room 1802, Tower A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, or call 0755-25986969 for a quick ten-minute chat. More often than not, after talking it through, you'll have a much clearer sense of where you stand.
Buying a home is the largest expense most people will ever make in their lifetime. Don't cut corners on the contract, don't be lazy about keeping evidence, and don't hesitate to hire a lawyer. If the transfer gets stuck, the seller backs out, or the house gets seized, find a professional to help you analyze the situation right away—don't just muddle through it on your own. Some windows of opportunity, once missed, are truly gone for good.