1. Dispute over the fact that the certificate of housing on the land has not been updated
Currently, there are many cases where information on the certificate (GCN) of houses is not updated after complete repair and construction. In this case, during the transfer process, the owner must update the certificate information. If the owner has not completed the update and has transferred, the buyer will face many risks such as:
– Buyers can only transfer land use rights when they need to.
– In case the buyer needs to mortgage, inherit, etc., they must contact the seller to complete completion procedures;
– In case the house is demolished, the buyer will not receive benefits from the compensation support policy.
2. Actual disputes and solutions to avoid risks
Case 1: The house has not been completed and construction tax has not been paid
If the seller buys the materials himself and hires a builder, contractor, etc. The buyer must pay additional license tax, VAT, personal income tax, and construction completion registration fee.
Solution: The buyer requires the seller to complete the transaction before completing the transaction. Or ask to retain 10-15% of the transaction value until the seller completes the full procedure.
Case 2: The house has not been completed and has had many owners but has not yet updated the property to the Certificate.
In this case, only the previous owner who built this house can complete the construction and update the property in the Certificate. Finding the old owner to complete the project will be very difficult for the buyer.
Solution: The buyer requires the seller to complete the transaction before completing the transaction.
Case 3: The holder of the certificate and the construction permit is two different people.
This is the case when the owner transfers the land with drawings and construction permits. After completing the construction of the house, the person in whose name the construction permit is required must complete the construction and carry out procedures to update the property to the Certificate of Merit.
Solution: The buyer must change the building permit to his name before building the house.
Case 4: The seller transfers the house under construction.
Because the house has not been completed, it cannot be completed and updated to the LURC. At that time, the certificate is in the name of the buyer, but the construction permit is still the name of the seller.
Solution: Ask the seller to make a commitment to donate the property on the land to the buyer. The commitment is made at the People’s Committee at the commune/ward level where the land is located.
Case 5: The seller constructed the house illegally.
Because the seller constructed the house not in accordance with the construction permit. Or there is no construction permit so the construction cannot be completed.
Solution: Ask the seller to complete the transaction before transacting. The buyer must check the construction permit and compare reality to see the feasibility of completion.
About our company
HMLF is a Law Firm licensed to provide legal services to Enterprises. With over 70 years of experience in:
– Finance, Accounting, Tax.
– Industry: Manufacturing, Service, Aviation, Transport, Technology, Finance.
– Helping Customers control transactions from internal legal to international trade. Become the best legal defender for Businesses.
– Try to offer optimal solutions to bring customers satisfaction.
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
