The problem of buying real estate being scammed has become a big concern for many people when they don't have much experience in real estate buying and selling. So where would it be? How to buy real estate without being cheated and common risks, avoid being "spoiled" here? To minimize the common risks when buying real estate, please read the article below!
The first way to buy real estate without being deceived is to only buy real estate with a red book
According to Clause 1, Article 188 of the 2013 Land Law, land users may exercise the transfer rights when fully meeting the following conditions:
- The first is to have a certificate, except for the cases specified in Clause 3, Article 186 and the case of inheritance specified in Clause 1, Article 168 of the 2013 Land Law.
- Second, the land is free of disputes.
- Third, the land use rights are not distrained to ensure judgment enforcement.
- Finally, it must be within the land use term.
Thus, if the transferor does not have the Certificate, absolutely do not buy. Or when inheriting land use rights, land users may exercise their transfer rights when they have a red book or meet all conditions for a red book issue.
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You should not pay all the money until the red book is finished
One way to buy real estate without being cheated that you need to grasp is not to pay the full amount when the transfer procedures have not been completed. According to Clause 3, Article 188 of the 2013 Land Law, specifically:
The exchange, transfer, lease, inheritance, donation or mortgage of land use rights. Contributing capital with land use rights must be registered at the land agency and takes effect from the time of registration in the cadastral book.
Thus, the transfer of land use is only valid when registered in the cadastral book. And so if you have not registered in the cadastral book, you should not pay the seller in full.
How to check fake red book
One of the common risks when buying real estate is buying real estate with fake red book. To check whether the Certificate is real or fake, there are several ways such as checking directly the information on the Certificate, asking for information at the Land Registry Office, ..
Although there will be different methods, not everyone has the experience to check directly on the Certificate. Therefore, the best way to check the Certificate is to obtain information at the Land Registry Office. If the land plot or house has not been issued, it is definitely a fake Certificate.
How to check that the land is under planning?
To know if a land parcel is under planning, you will have many ways to check as follows:
- You can view the land use planning directly at the office of the People's Committee at the district or commune level.
- Or look on the web portal of the District People's Committee.
- Consult the cadastral formula at commune level or from people in the area where the land plot is located for more information.
- Information can be obtained at the Land Registry Office.
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Be careful with surprisingly cheap housing prices
The next way to buy real estate without being deceived is that you should be careful before the price is too good for the land or house being offered for sale. Like to buy cheap goods is the common mentality of most people, so is buying land to buy a house. If housing prices are surprisingly cheap compared to the common ground in that area, you need to be more careful. Especially land for subdivision and sale. If you do not meet the transfer conditions, absolutely do not sign the transfer contract.
In fact, although knowing that the land plot will not meet the transfer conditions (then the purchase and sale transaction will be invalidated), but for the sake of many people still sign the purchase contract and accept the risks. risk for venture capital.
Learn how to negotiate the terms of a contract
According to Article 500 of the 2015 Civil Code, land use right contracts are defined as follows: “A contract for land use rights is an agreement between the parties whereby the land user converts, transfers, or leases land. lease, etc. exercise other rights under the Land Law for the other party, the other party will perform the rights and obligations under the contract with the land user.”
Thus, the land use transfer contract is a specific type of civil contract, so the parties can agree on the terms, as long as the content is not contrary to law and social ethics.
- Request the transferee to commit to the legal documents, the land plot is not under the planning, at the time of transfer, there is no dispute.
- Paying in installments and only paying in full when registered in the cadastral book is also a way to buy real estate without being cheated.
- Negotiate clearly the terms of penalties for breach of contract. Penalties for violations shall be agreed upon by the parties and do not resist the fines.
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Above is a summary of 04 ways to buy real estate without being cheated market hot news want your attention. This is also one of the experiences when buying real estate that you must know. Hopefully with the information shared above can help you get useful knowledge!
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