Experts said that in real estate transactions at the present, if investors and distributors always have careful preparation of laws, home buyers mostly lack experience and understanding of this issue. This makes the buyer always be the bearer in the transaction, especially the transactions arising in the form of trading projects formed in the future.
According to experts, the prejudice of "dare to play, dare to take" when being cheated in real estate transactions is very wrong because the buyer has the right to seek for benefits and is protected by law. In order to avoid risks when buying and selling, in addition to identifying common legal risks and obstacles, the buyer needs to know his rights in the home transaction on paper. As follows:
First: to verify the conditions for selling
Transaction of selling houses on paper can be considered to have a higher level of risk than available real estate. The future real estate business is only implemented when real estate meets the compulsory conditions to be put into business. Before signing the memorandum of understanding (sale and purchase contract), the buyer has the right to request the seller to provide all the necessary legal documents such as project documents, construction drawing designs, construction permits, papers on land use rights... In addition to checking the information with the Investor, the buyer must check against the broker. If a violation is found, it is necessary to be flexible in discussing with the Investor to clarify.
The buyer is verified to sell conditions when buying a house into the future. Illustration
Second: negotiate sales contracts
The contract for sale and purchase of houses formed in the future is a civil contract. The Standard Contract form is only an excuse that the salesperson offers to ignore the negotiation of terms. It is not true that the Investor with the contract does not belong to the regulation and only signs with the buyer of civil agreements. The buyer should note that real estate business is conditional business, the transaction must be equal to the contract in the prescribed form. Home buyers have the right to negotiate, add or change the terms of the contract before signing.
Third: be guaranteed by the bank
When trading a project, find out if the project has been guaranteed by the bank. Once the Investor does not hand over the house as committed, the buyer complains and the Investor will not solve it, the bank will be the party responsible for guaranteeing financial obligations to help the buyer in this case. Specifically, the buyer should actively keep evidence, create evidence to prove that the deadline for handing over the house but the investor does not hand over and violate the commitment to hand over the house. At this time, the buyer needs to immediately send the request to force the Investor to guarantee to the bank within the earliest time.
Mr. Nguyen Van Loc, a lawyer who runs LPVN Law Firm
Fourth: make payment in accordance with the law
The law stipulates that the buyer only pays the first installment of no more than 30% of the contract value, the following times must be consistent with the construction schedule but the total amount must not exceed 70% of the contract value when not handed over. However, now buyers often have to pay from 95-100% right before handing over. Buyers need to know their payment rights to avoid actual disputes in dealing with investors.
Fifth: sign contract to buy when the project has been settled
Investor mortgages the project to borrow investment bank but can only sign a purchase contract with the buyer after the mortgage is released. The buyer needs to find out which bank the project is being mortgaged, how long it will take and whether the mortgage is feasible. More thoroughly, the buyer may assess the Investor whose documents prove that he has not been mortgaged or has a written release.
Sixth: bring the model house into the appendix of the contract
Ask the Investor to put the model house in the Appendix to determine whether it will be the house or house structure to be handed over. This is very necessary because the sample house is the exact reconciliation information for the buyer to make a decision about buying the same product.
At the same time, the difference between the contract house information and the house handed over is usually the technical structure, walkway, living area... that the general agreement will not be able to protect the buyer later.
Seventh: buyers are compensated when investors are handed over slowly
When the handover is delayed, the Investor often takes the reason for the situation so that the buyer can understand. In this case, the buyer often loses because the contract does not stipulate specific responsibilities when the handover is delayed. In accordance with the law, the buyer is entitled to make a request, the compensation commitment is in writing. If the Investor continues to violate, the buyer has the right to take legal measures and publicize the information.
Eighth: to be agreed with other expenses
In addition to the purchase of real estate, the parties clearly agree on other charges and future expenses such as: management and service costs incurred with the maintenance and use of real estate at the time of purchase. Households will be different from when they are handed over.
The above contents are shared in the publication "Legal handbook of real estate - buyers need to know what law" by Lawyer operating LPVN Law Firm - Nguyen Van Loc and Director of Thinh Viet Tri Law Company, Luong Ngoc Dinh and legal expert Nguyen Tan Phong.
According to Phuong Uyen