Carefully checking the legality of the project, checking each term before signing the contract, committing to the quality of the home handover of the investor, the service price when put into use … are the things that customers home buying projects need attention.

In fact, the dispute between customers and investors has been a forever story. Therefore, homebuyers need to thoroughly understand the legal issues of the project as well as make a clear commitment to the investor to avoid unnecessary risks later.

The legal risks that project home buyers may encounter are encapsulated in the following contents:

Do not carefully check the legality of the project

In fact, when buying a project house, customers mainly capture information about the project from the brokerage unit or the investor’s business department. Most of it is information that is beneficial to the project, even “inflated”. Buyers are susceptible to being caught up in this supernatural information and overlook the legality of the project.

Many home buyers are only interested in the selling price, location and utility of the project, not paying attention to the land use rights, the investor’s permits. Under the provisions of the Law on Investment and the Law on Real Estate Business, the investor is obliged to complete legal issues regarding the land use rights of the investment project, and the financial obligations of the investor before selling. school.

Homebuyers have the right to ask the investor to provide accurate and complete information about the project. Therefore, before deciding to buy, customers need to carefully check the legality of the project besides the factors of price, location, utilities, services …

The “loopholes” in the contract

Usually the project investor is the drafting party of the sale and purchase contract, loopholes in the contract are the “culprit” causing future disputes, not excluding the fact that the investor intentionally creates loopholes to reduce your risk. Many contracts are not drafted in accordance with the provisions on the form or content of the current Civil Code, the Law on Real Estate Business, other relevant guiding documents …

With investors, should draft contracts towards a balance of interests between home buyers and investors. Have an obligation to explain the contract or contact an independent legally third party to explain the contract in detail to the buyer. Ensure that reading and understanding the contract must be done before signing.

As for home buyers, it is necessary to have necessary legal knowledge related to the project house purchase. You can follow the communication channels by yourself or contact the legal consulting service providers to check and review the contract, purchase agreement before signing.

In the event that the buyer cannot negotiate a contract to adjust accordingly, there should be consideration whether to continue signing the contract or not, not to give in to the investor easily. In order to fulfill that request, a homebuyer can make independent requests and the investor is obligated to review and fulfill the above information transparency requirements.

Commitment “ambiguous” of the investor

According to the Lawyer, one of the “ambiguous” commitments of the investor that can cause risks to customers is that the time of handover is not clear.

Actually, there are very few projects to hand over the house on time, with the original agreement for the buyer. From a legal perspective, the responsibility to hand over the house on time is a provision shown in the Law on Real Estate Business and the progress of investment, implementation of projects according to approval should be complied with as an obligation. of the investor in the Investment Law 2014.

Often the investor explains that the delay in handing over the house, slow implementation of other legal procedures such as the issuance of a house ownership certificate … is due to the objective factors to mitigate the liability. In sale and purchase contracts, project investors always include liability exclusion terms for objective or force majeure reasons.

When the handover is delayed, some developers offer so-called support instead of compensation to ensure avoid litigation or disputes over deadlines. Thus, most of the people affected are still buyers. Therefore, buyers need to carefully read the specific and detailed contract and liability provisions. The investor has to be actively obliged to negotiate and compensate for the delay in handover, not to wait for complaints from the buyer before finding ways to deal and overcome.

Service prices are still general

Regulations on the prices of other services and utilities in the project such as playgrounds, parks, parking lots … of the buyers in the contract are currently not clear. Although the law has been in place, many investors still find ways to “pick up” home buyers from exploiting these fees. This risk is often controversial because the contract does not specify the rights and obligations of the parties, especially when the buyer lacks legal knowledge, has not considered the price factor for management and operation services. apartment.

Investors often take advantage of legal issues that are not detailed on this issue to place barriers related to unreasonable imposition of service prices on residents right at the contract that buyers cannot grasp. is at the time of signing.

Therefore, when disputes occur, state agencies must act to advise, orient and adjust the behavior of the parties appropriately. The principle of transparency and publicity must be followed in administrative procedures. Fees and expenses other than the home purchase must be detailed and agreed upon in the contract or appendix from the beginning.

The project does not have a bank guarantee

Clause 1, Article 56 of the 2014 Law on Real Estate Business, states that, before the sale or lease-purchase of a future house, an investor in a real estate project must be guaranteed by a qualified commercial bank. the investor’s financial service with the customer when the investor does not hand over the house on schedule as committed with the customer ”.

Many risks occur because the buyers do not know the legality of the project, have not been guaranteed by the bank or the contractor’s capacity is weak, leading to delay or violation of guarantee obligations. According to current regulations, contracts that are not eligible to conduct the transaction in the future will be invalid. When the developer cannot complete the project, it is difficult for home buyers to get their money back.

According to the provisions of Clause 2, Article 56 of the Law on Real Estate Business 2014, investors are responsible for sending a copy of the guarantee contract to the buyer and the lessee-buyer upon signing the purchase, lease-purchase contract. From there, customers can ask the investor to inform about how the guarantee is done? What are the current legal issues about the project?

According to Vietnamnet.vn