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Resolving Disputes in House Purchase and Sale Contracts

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Disputes in house purchase and sale contracts often arise due to unclear contractual terms, lack of transparency in information about the property, or failure of one party to fulfill their obligations. These disputes may involve various issues, such as the seller failing to deliver the house on time, failing to complete legal procedures related to the transfer of ownership, or the buyer failing to pay the agreed amount according to the contract.

Resolving Disputes in House Purchase and Sale Contracts

What Conditions Must a House Purchase and Sale Contract Meet to Comply with the Law?

A house intended for transaction must meet the following conditions:

(i) It must have a Certificate of ownership in accordance with legal regulations.

(ii) It must not be subject to any dispute, complaint, or lawsuit regarding ownership rights as prescribed by law on dispute resolution, complaints, and denunciations.

(iii) The house must still be within the ownership period in cases where house ownership is limited in time.

(iv) The house must not be subject to seizure for enforcement of judgments or enforcement of legally effective administrative decisions issued by competent state authorities, and must not be subject to temporary emergency measures or preventive measures imposed by a court or competent state authority.

(v) The house must not fall under cases where there is a land recovery decision, notice of clearance, or demolition issued by a competent authority.

Note: In cases involving the purchase, sale, or lease-purchase of houses formed in the future, the conditions stated in points (ii) and (iii) above do not apply.

Additionally, for houses intended for lease, besides conditions (iii), (iv), and (v), the house must ensure adequate quality and safety for the tenant, and must have full electricity, water supply, and drainage systems, ensuring environmental sanitation, unless otherwise agreed by the parties.

(This is regulated under Clause 1 and Clause 3 Article 160 of the Housing Law 2023.)

In Which Housing Transactions Is a Certificate Not Mandatory?

According to legal regulations, houses involved in purchase, sale, or lease-purchase transactions generally must meet certain conditions. However, in some specific cases, houses may still be transacted without a Certificate of ownership, including the following cases:

  • Purchase, lease-purchase, or mortgage of houses formed in the future, or sale of houses in cases of dissolution or bankruptcy;

  • Organizations donating charity houses, gratitude houses, or solidarity houses;

  • Purchase or lease-purchase of existing houses from investors of housing construction projects in the following cases: public housing assets; social housing; housing for the armed forces; or housing for resettlement that is not classified as public assets;

  • Leasing, lending, allowing others to stay in the house, or authorizing management of the house;

  • Receiving a house through inheritance.

In addition, for the transactions mentioned above, there must be documents proving that the house meets the conditions for participating in transactions according to regulations issued by the Government.

(This is regulated under Clause 2 Article 160 of the Housing Law 2023.)

Where to File a Lawsuit for Disputes in House Purchase and Sale Contracts?

A plaintiff may submit a lawsuit petition together with available documents and evidence to the competent court using one of the following methods:

  • Submitting directly to the court;

  • Sending the petition via postal service;

  • Submitting electronically through the Court’s online portal (if available). In this case, the plaintiff must access the court’s online portal, complete the petition form, sign electronically, and submit it to the court.

The lawsuit petition may be submitted to the People’s Court of the district level in the following locations:

  • Where the defendant resides or works, if the defendant is an individual;

  • Where the plaintiff resides or works if the parties have reached a written agreement regarding the court’s jurisdiction.

If the plaintiff does not know the residence, workplace, or headquarters of the defendant, the lawsuit may be filed at the court where the defendant last resided, worked, had headquarters, or where the defendant has property.

(This is based on Clause 1 Article 35, Clause 1 Article 39, Point a Clause 1 Article 40, Clause 1 Article 190 of the Civil Procedure Code 2015, and Article 16 of Resolution 04/2016/NQ-HĐTP.)

BKC Law’s Services for Resolving Disputes in House Purchase and Sale Contracts

BKC Law provides legal services to assist clients in resolving disputes related to house purchase and sale contracts, helping clients protect their legitimate rights and ensure transparency in real estate transactions.

We provide in-depth legal consultation on issues related to the approval and implementation of house purchase and sale contracts, including resolving disputes between parties regarding contractual conditions, obtaining approvals from competent state authorities, and addressing legal issues arising during the implementation of the contract.

Contact Us

Phone: 0901 333 341
Email: info@bkclaw.vn

District 1 Office
9th Floor, Diamond Plaza Building
34 Le Duan Street, Sai Gon Ward
Ho Chi Minh City

Binh Tan Office
41 Ten Lua Street
An Lạc Ward
Ho Chi Minh City

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