Resolving Apartment Purchase and Sale Disputes in Binh Tan District.

<em><span id=”cke_bm_306S”> </span><strong>Resolution of Disputes Arising from Condominium Purchase and Sale in Binh Tan District</strong> is a prevalent legal issue amid the accelerating urbanization in Ho Chi Minh City. With the rapid pace of construction, condominium projects in Binh Tan District not only address housing demands but also draw substantial attention from investors. However, the process of purchasing, transferring, and selling condominiums does not always proceed smoothly. Disputes commonly arise from delayed handovers, contractual violations, substandard construction quality, or legal issues concerning ownership rights. This article analyzes the causes, consequences, and provides practical solution recommendations to assist the involved parties in identifying appropriate resolutions and safeguarding their legitimate rights and interests.</em>

<h2><span style=”color: #07345d;”>Legal Basis</span></h2>

<p style=”text-align: center;”><img class=”alignnone wp-image-1491″ src=”https://bkclaw.vn/wp-content/uploads/2024/12/Giai-quyet-tranh-chap-mua-ban-chung-cu-quan-Binh-Tan-300×169.jpg” alt=”” width=”822″ height=”463″ /></p>

<ul>
<li aria-level=”1″>Civil Code 2015;</li>
<li aria-level=”1″>Civil Procedure Code 2015;</li>
<li aria-level=”1″><a href=”https://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Dat-dai-2024-31-2024-QH15-523642.aspx”>Land Law 2024;</a></li>
<li aria-level=”1″><a href=”https://thuvienphapluat.vn/van-ban/Bat-dong-san/Van-ban-hop-nhat-03-VBHN-VPQH-2020-Luat-Nha-o-457489.aspx”>Housing Law 2020 (consolidated text);</a></li>
<li aria-level=”1″><a href=”https://thuvienphapluat.vn/van-ban/Bat-dong-san/Luat-Kinh-doanh-bat-dong-san-29-2023-QH15-530116.aspx”>Real Estate Business Law 2023;</a></li>
</ul>

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<h2><span style=”color: #07345d;”>Conditions for a Condominium Unit to Be Eligible for Purchase and Sale</span></h2>

A condominium unit must satisfy the following conditions to lawfully become the subject matter of a condominium purchase and sale contract:

<ul>
<li aria-level=”1″>Possession of a certificate in accordance with the law: certificate of ownership of the condominium unit;</li>
<li aria-level=”1″>Inclusion of separate ownership portions, common ownership areas, and infrastructure systems serving the shared needs of organizations and individuals;</li>
<li aria-level=”1″>Not subject to any ongoing disputes, complaints, or lawsuits concerning ownership rights; not within any limited ownership term in cases of time-bound housing ownership (this condition does not apply to purchase, sale, or lease-purchase of off-plan housing);</li>
<li aria-level=”1″>Not subject to asset seizure for enforcement of court judgments or for execution of effective administrative decisions issued by competent state authorities (this condition does not apply to purchase, sale, or lease-purchase of off-plan housing);</li>
<li aria-level=”1″>Not subject to any land recovery decision, clearance notice, or demolition order issued by a competent authority.</li>
</ul>

<h2><span style=”color: #07345d;”>Common Disputes Related to Condominium Purchase and Sale Contracts</span></h2>

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– Disputes concerning the subject matter of the contract (the condominium unit), such as failure to meet eligibility requirements for sale (both for completed units and especially off-plan units), or delivery of a unit that does not conform to the agreed specifications;

– Disputes over rights and obligations stipulated in the condominium purchase and sale contract;

– Disputes regarding performance schedules (for example, the seller fails to hand over the unit to the buyer, or the parties fail to fulfill tax and fee payment obligations as committed in the contract);

– Disputes arising during the use and operation of the condominium unit;

– Disputes related to deposit contracts (for instance, the buyer has paid a deposit, but upon the due date for signing the main contract, the seller refuses to proceed with the sale, etc.).

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<h2><span style=”color: #07345d;”>Methods for Resolving Disputes Arising from Condominium Purchase and Sale Contracts</span></h2>

<h3>Negotiation and Amicable Agreement to Resolve Condominium Purchase and Sale Contract Disputes in Binh Tan District</h3>

<ul>
<li aria-level=”1″>This is the fastest, most cost-effective, and least time-consuming method of dispute resolution.</li>
<li aria-level=”1″>The parties may resolve the dispute directly through negotiation or with the assistance of a third party such as the building management board, real estate brokerage association, etc.</li>
<li aria-level=”1″>This method is suitable for simple disputes where the conflict is not severe and both parties desire to maintain long-term cooperation.</li>
</ul>

<h3>Resolution of Condominium Purchase and Sale Contract Disputes in Binh Tan District by Arbitration</h3>

<ul>
<li aria-level=”1″>Arbitration is an extrajudicial dispute resolution method conducted by one or more independent and impartial arbitrators.</li>
<li aria-level=”1″>The arbitral award has the same binding force as a court judgment and must be complied with by the parties.</li>
<li aria-level=”1″>This method is appropriate for complex disputes, those involving large claim values, or cases requiring confidentiality of information.</li>
</ul>

<h3>Resolution of Condominium Purchase Disputes in Binh Tan District by Court Proceedings</h3>

In practice, court judgments, which carry the coercive power of the state, typically achieve the most thorough and effective outcomes in resolving disputes arising from condominium purchase and sale transactions.

Pursuant to Clause 1, Article 35 and Clause 1, Article 39 of the <a href=”https://thuvienphapluat.vn/van-ban/Thu-tuc-To-tung/Bo-luat-to-tung-dan-su-2015-296861.aspx”>Civil Procedure Code 2015</a>, the plaintiff shall file the lawsuit petition with the People’s Court at the district, town, or provincial city level. In summary, the parties shall submit the lawsuit petition to the People’s Court at the location where the real property is situated.

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<h2><span style=”color: #07345d;”>Procedures for Filing a Lawsuit to Resolve Condominium Purchase Contract Disputes at Court</span></h2>

<h3>Preparation of the Dossier</h3>

<ul>
<li aria-level=”1″>Petition initiating a lawsuit to resolve the condominium purchase and sale contract dispute.</li>
<li aria-level=”1″>Identification documents of the plaintiff: personal identification papers (identity card/citizen identity card). If the lawsuit is filed under authorization, provide the power of attorney document.</li>
<li aria-level=”1″>Identification documents of the defendant: personal identification papers (identity card/citizen identity card). If the defendant is an agency or organization, provide its business registration certificate or establishment decision.</li>
<li aria-level=”1″>Documents and evidence relating to the formation of the condominium purchase and sale contract, including: the condominium purchase and sale contract; certificate of ownership of the condominium unit; meeting minutes; receipts for payment/collection of funds; etc.</li>
<li aria-level=”1″>Documents and evidence relating to the dispute resolution process, such as meeting minutes, mediation records; etc.</li>
</ul>

<h3>Step 1: Submission of the Lawsuit Dossier to the Competent Court</h3>

After fully preparing the dossier for the condominium purchase and sale contract dispute lawsuit, the plaintiff may submit it to the Court by one of the following methods:

<ul>
<li aria-level=”1″>Direct submission at the Court. Upon receipt, the court officer records the information in the receipt register and immediately issues a receipt confirmation to the plaintiff.</li>
<li aria-level=”1″>Submission via postal services of a courier company. The plaintiff should retain the postal receipt as proof of dispatch. This aids in tracking the status and serves as evidence for complaints in case of delays by the Court in processing the petition.</li>
<li aria-level=”1″>Online submission through the Court’s electronic information portal. However, this method is not yet widely adopted due to limited access to information technology among the public. Consequently, filing land dispute lawsuits via this channel remains uncommon in practice.</li>
</ul>

<h3>Step 2: Payment of Court Fee Advance and Receipt of Case Acceptance Notice</h3>

Upon submission of the complete dossier for the condominium purchase and sale contract dispute lawsuit, the plaintiff will receive a notice requiring payment of the court fee advance. This amount must be paid at the civil judgment enforcement agency. Within 07 days, the plaintiff must submit the payment receipt back to the Court. After the plaintiff fulfills this initial financial obligation, the Court will issue a notice accepting the case for adjudication.

<h3>Step 3: Participation in Dispute Resolution Proceedings at Court</h3>

The Court will conduct necessary procedural activities to resolve the condominium purchase and sale contract dispute, specifically:

<ul>
<li aria-level=”1″>Taking statements and opinions from the disputing parties and related individuals.</li>
<li aria-level=”1″>Verifying and collecting necessary documents during the resolution process.</li>
<li aria-level=”1″>Organizing a session to inspect the submission, access, disclosure of evidence, and conduct mediation.</li>
</ul>

These activities aim to clarify the substance of the condominium purchase and sale contract dispute. During the proceedings, the Court will analyze and explain to the parties their respective rights and obligations. It will also attempt mediation to enable the parties to reach an agreement, thereby avoiding the need to proceed to a full trial where possible.

<h3>Step 4: Opening the Trial Session for the Condominium Purchase and Sale Contract Dispute Case</h3>

After completing the requisite procedural steps, the Court will bring the case to trial. The final judgment is rendered based on a comprehensive review, study, and evaluation of all documents and evidence throughout the entire proceedings. At the trial, the parties retain the right to present arguments, submit opinions, and introduce additional evidence to defend their positions.

<h2><span style=”color: #07345d;”>Support Services for Consultation and Resolution of Condominium Purchase and Sale Contract Disputes in Binh Tan District at BKC Law</span></h2>

BKC Law is proud to offer professional legal consultation services and assistance in resolving disputes related to condominium purchase and sale contracts in Binh Tan District. With a team of experienced lawyers possessing in-depth expertise in real estate and land law, we are committed to providing optimal solutions and protecting our clients’ legitimate rights and interests.

Our services encompass consultation on contract content, support in negotiations, representation in dispute resolution before courts or competent authorities, ensuring that all legal procedures are conducted transparently and efficiently.

To receive <a href=”https://bkclaw.vn/van-phong-luat-su-quan-binh-tan”>free legal consultation</a> at BKC Law, please contact our lawyers using the following information:

<span style=”color: #ff0000;”><strong>Telephone: 0901 3333 41</strong></span>
<span style=”color: #ff0000;”><strong>Email: info@bkclaw.vn</strong></span>
<strong><span style=”color: #000080;”>Branch in District 1:</span> </strong> 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
<span style=”color: #000080;”><strong>Branch in Binh Tan:</strong></span> 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City

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