How to prevent risks when buying a home under Shenzhen's new regulations on near-completed housing sales? Lawyer interprets five key points of commercial housing pre-sale contracts.
On August 29, 2026, Shenzhen Shentie Longjing · Yunjing project obtained its pre-sale permit and welcomed its first group of property viewings. The project, marketed around the selling point of "quasi-ready homes," features approximately 35,800 square meters of forest-themed landscaping and fully finished delivery, attracting attention from elites in the finance and technology industries. Meanwhile, the Ministry of Housing and Urban-Rural Development, along with two other departments, jointly issued the "Notice on Improving the Sales System for Commercial Housing," explicitly encouraging the sale of ready-built homes, which has sparked discussions about a transformation in home-buying models. For ordinary homebuyers, whether purchasing off-plan properties or quasi-ready homes, legal risks remain an unavoidable topic. This article, from a lawyer's perspective, analyzes five key legal points that homebuyers must pay attention to in the current market environment, drawing on the Civil Code and the "Measures for the Administration of Commercial Housing Sales," to help you avoid pitfalls and protect your rights when purchasing property in Shenzhen.
1. A pre-sale permit ≠ everything is settled: The "Five Certificates" details that must be verified before purchasing a property.
Shentie Longjing · Yunfu has obtained its pre-sale permit, which appears to be a "protective charm" for compliant sales. However, lawyers remind that the pre-sale permit is only an entry threshold; homebuyers still need to verify the originals of the "five certificates" one by one: the State-owned Land Use Certificate, the Construction Land Planning Permit, the Construction Engineering Planning Permit, the Construction Engineering Construction Permit, and the Commercial Housing Pre-sale Permit. Special attention should be paid to ensuring that the pre-sale scope, project name, and building numbers indicated on the pre-sale permit match the actual units on sale, to avoid developers "selling dog meat under a sheep's head."
According to Article 7 of the Measures for the Administration of Commercial Housing Sales, both the sale of completed commercial housing and the pre-sale of commercial housing must meet statutory conditions. If a developer illegally sells without obtaining a pre-sale permit, under Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, the purchaser has the right to request confirmation that the contract is invalid. In practice, there have been cases in Shenzhen where disputes arose due to expired pre-sale permits or sales beyond the approved scope, leaving purchasers either facing difficulties in obtaining refunds or, in worse cases, losing both their money and the property. Therefore, before signing a contract, it is essential to check the pre-sale permit information on the official website of the Shenzhen Housing and Urban-Rural Development Bureau and retain screenshots as evidence.
Additionally, although quasi-ready homes are more "visible and tangible" than off-plan properties, lawyers emphasize that quasi-ready homes are not the same as ready homes. They still fall under the category of pre-sale properties, and the project may not have completed the final acceptance inspection at the time of sale. Buyers need to pay attention to the "completion date" and "delivery date" on the pre-sale permit. If the developer's promised delivery time far exceeds the agreed schedule, caution should be exercised regarding cash flow risks.
2. Trap of Deluxe Decoration Delivery: The Showroom Is Not the Same as the Actual Delivery Standard; the Contract Attachments Are Key.
Shentie Longjing · Yunfu primarily markets itself as a finely decorated, quasi-ready-to-move-in property, with promotional materials referencing brands such as Hitachi central air conditioning and Kohler sanitary ware. However, lawyers caution that the model unit serves only as a "demonstration of effect" and does not legally constitute a delivery commitment unless specified in the contract. According to Article 31 of the Measures for the Administration of Commercial Housing Sales, when selling commercial residential properties, developers must clarify the decoration standards in accordance with the Implementation Rules for One-Time Decoration of Commercial Residential Housing. If the contract merely states "fine decoration" without listing specific brands and models, homebuyers can easily fall victim to "downgraded standards and reduced fittings."
Shenzhen has seen multiple disputes over fully furnished apartments. For example, in one development, the advertising promoted "imported kitchen appliances," but the actual delivery turned out to be unbranded domestic products. The court ultimately ruled based on the contract appendix that the developer must compensate the price difference. Therefore, lawyers advise: when signing the contract, be sure to require the developer to provide a "Detailed Decoration Standards List," itemizing the brand, specification, and model of each material, and attach it to the contract. At the same time, keep photos, videos, and brochures of the model unit. If the actual delivery does not match the agreement, you may claim liability for breach of contract under Article 577 of the Civil Code.
Additionally, although buyers can inspect ready-to-move-in properties on site, they should focus on checking concealed works, such as waterproofing, electrical circuits, and piping. Lawyers advise hiring a professional home inspector to issue a report before taking possession of the property, and promptly notifying the developer in writing of any issues found for rectification, to avoid being put at a disadvantage when asserting rights after moving in.
III. Fund Supervision and Loan Risk: The Destination of the Down Payment Determines the Safety of Your "Money Bag"
With home purchase payments often reaching millions, fund security is of paramount importance. Shenzhen implements a supervision system for pre-sale funds of commercial housing, requiring homebuyers to deposit their down payments and mortgage payments directly into government-supervised accounts rather than the developer's own accounts. According to the "Measures for the Supervision of Pre-sale Funds for Commercial Housing in Shenzhen," supervised funds must be used exclusively for project construction to prevent developers from misappropriating funds and causing unfinished projects.
Lawyer's reminder: When signing the contract, be sure to confirm whether the payment account specified in the property purchase agreement is a regulated account, and keep the transfer receipts properly. If the developer requires payment of "earnest money" or "facilitation fees" to a personal account or a non-regulated account, you should firmly refuse. Shenzhen has investigated and penalized multiple cases of illegally collecting pre-sale funds, where homebuyers, trusting verbal promises, ultimately had no recourse to recover their payments.
Additionally, loan risks cannot be overlooked. Currently, banks are tightening mortgage approval processes. If a homebuyer fails to secure a loan due to credit issues or policy changes, they may face the risk of default. Lawyers advise explicitly stipulating in the contract that "if the loan is not approved, the buyer has the right to terminate the contract and withdraw from the purchase without liability." According to Article 23 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, such clauses can protect the rights and interests of homebuyers.
4. Delivery Standards and Liability for Breach of Contract: How to Protect Your Rights in Cases of Delayed Property Delivery and Quality Issues
Although quasi-ready homes have a shorter delivery period, the risk of delay still exists. Shentie Longjing · Yunfu promotes itself as offering "quasi-ready homes," but buyers must clearly specify the delivery date and the standard for delay penalties in the contract. Under Article 563 of the Civil Code, if the developer exceeds a reasonable period in delivering the property, the buyer has the right to terminate the contract and claim compensation. In Shenzhen judicial practice, penalties for delayed delivery are generally calculated on a daily basis, ranging from 0.01% to 0.03% of the total purchase price, with the specific amount subject to the terms of the contract.
Quality issues are also highly prevalent. If, upon taking delivery of the property, the buyer discovers that the main structure of the house is substandard or seriously affects habitation, the buyer may, in accordance with Article 33 of the "Measures for the Administration of Commercial Housing Sales," demand a refund and claim compensation. Lawyers advise that when taking delivery, buyers should carefully check the "Residential Quality Guarantee Certificate" and the "Residential Use Manual," and sign to confirm any issues on the inspection record. If the developer refuses to rectify the problems, buyers may file a complaint with the Shenzhen Municipal Housing and Urban-Rural Development Bureau or initiate arbitration or litigation.
Notably, the new rules encourage sales of completed homes, and "what you see is what you get" may become a trend in the future. However, lawyers point out that selling completed homes does not mean zero risk; homebuyers still need to verify documents such as the completion acceptance filing form and the actual measured area report to avoid "completed homes" turning into "hazardous homes."
5. Property Title Processing and School District Commitment: Don't Let the "Prestigious School" Become an Empty Promise
The promotional materials for Shentie Longjing · Yunfu highlight its proximity to Longsheng Experimental School, which has become a "bonus point" for many families when purchasing homes. However, lawyers warn that school district commitments are not part of the developer's contractual obligations, and homebuyers should not easily trust verbal promotions. According to Article 26 of the Advertising Law, real estate advertisements must be truthful and lawful and must not contain promises regarding school enrollment. If a developer makes false claims about school districts, homebuyers can file complaints under the Anti-Unfair Competition Law, but it is difficult to use this as grounds to demand a refund on the property purchase.
Property title registration is another critical step. Buyers should clearly specify the deadline for obtaining the certificate in the contract. According to Article 34 of the Measures for the Administration of Commercial Housing Sales, the developer is required to assist in applying for the property ownership certificate within 90 days after delivery. If the certificate is delayed due to the developer's fault, compensation for breach of contract can be claimed under Article 577 of the Civil Code. In Shenzhen, there have been cases where projects failed to obtain certificates for years due to land mortgages or acceptance issues, leaving owners unable to complete registration. Lawyers advise buyers to regularly check the project's mortgage status and consult a professional attorney when necessary.
Additionally, homebuyers should pay attention to commitments regarding public amenities, such as landscaped areas, swimming pools, and commercial facilities. If the 35,800-square-meter garden promoted by Shentie Longjing·Yunfu is actually reduced in size, buyers can hold the developer liable for breach of contract based on the agreement. Lawyers remind that all promises should be written into the contract or supplementary agreements, with clear breach-of-contract liabilities, to effectively protect one's rights.
Conclusion: Under the favorable new regulations, rational property purchases require legal protection.
The new regulation by the Ministry of Housing and Urban-Rural Development encourages sales of completed homes, which is a long-term benefit for homebuyers, but in the short term, presale remains the mainstream. Although the quasi-completed home model of Shenzhen Metro Longjing · Yunfu reduces some risks, homebuyers still need to maintain legal vigilance throughout the entire process from contract signing, payment, delivery, to property rights registration. Guangdong Zhiming Law Firm, with years of deep involvement in Shenzhen's real estate sector, can provide homebuyers with professional services such as contract review, risk warnings, and dispute resolution. Buying a home is no small matter; it is advisable to consult a professional lawyer before making major decisions, letting the law safeguard your dream of a secure home.
