Resolving house purchase contract disputes

Contract disputes over house purchases often arise due to unclear contract terms, lack of transparency in property information, or one party failing to fulfill their obligations. These disputes may involve various factors, such as the seller not delivering the house on time, failing to complete the necessary legal procedures for ownership transfer, or the buyer not making full payment as agreed.

Conditions for a legally compliant house purchase contract

A house involved in a transaction must meet the following conditions:

(i) Possession of a certificate of ownership as required by law.

(ii) Not subject to any disputes, complaints, or lawsuits regarding ownership, as per the legal provisions on dispute resolution, complaints, and denunciations.

(iii) Still within the ownership period if the house is under a limited ownership term.

(iv) Not subject to seizure for judgment enforcement or administrative decisions issued by competent authorities, nor subject to emergency measures or preventive measures under a court or governmental decision.

(v) Not under a land recovery decision or a demolition notice issued by the authorities.

Note: For transactions involving the sale or lease-purchase of future housing, conditions (ii) and (iii) do not apply.

Additionally, for rental housing, apart from conditions (iii), (iv), and (v), the property must also meet quality and safety standards for tenants, including proper electrical, water supply, drainage systems, and sanitation, unless otherwise agreed upon by the parties.

(Based on Clause 1 and Clause 3, Article 160 of the 2023 Housing Law)

In what cases is a certificate of ownership not required for house transactions?

Generally, houses involved in transactions must meet specific legal conditions. However, in certain cases, transactions can proceed without a certificate of ownership, including:

• Sale, lease-purchase, or mortgage of future housing; sale of houses in dissolution or bankruptcy cases.

• Donation of charity houses, social housing, or houses under government welfare programs.

• Sale or lease-purchase of pre-existing housing by project investors in cases such as public property housing, social housing, housing for armed forces, and resettlement housing that is not classified as public property.

• Renting, lending, allowing temporary stay, or authorizing management of housing.

• Inheriting housing.

For these transactions, supporting documents proving the property’s eligibility for transactions must comply with government regulations.

(Based on Clause 2, Article 160 of the 2023 Housing Law)

Where to file a lawsuit for contract disputes over house purchases?

The plaintiff must submit a lawsuit petition along with supporting documents and evidence to the competent court through one of the following methods:

• Direct submission at the court.

• Mailing via postal services.

• Online submission through the court’s electronic portal (if available), where the plaintiff must complete the lawsuit form, sign electronically, and submit it to the court.

The plaintiff files the lawsuit at the People’s Court of the district, town, or city where:

• The defendant resides or works, if the defendant is an individual.

• The plaintiff resides or works, if both parties have agreed in writing on this jurisdiction.

If the defendant’s residence, workplace, or headquarters is unknown, the plaintiff may file the lawsuit at the last known address or where the defendant has assets.

(Based on Clause 1, Article 35; Clause 1, Article 39; Point a, Clause 1, Article 40; Clause 1, Article 190 of the 2015 Civil Procedure Code and Article 16 of Resolution 04/2016/NQ-HDTP)

Legal services for resolving house purchase contract disputes by BKC Law

BKC Law offers professional legal services for resolving disputes related to house purchase contracts, ensuring clients’ rights are protected and transactions remain transparent. Our expert legal team provides in-depth consultation on contract approval procedures, dispute resolution between parties, compliance with government approval requirements, and issues arising during contract execution.

For free legal consultation, please contact our lawyers through the following:

Phone: 0901 3333 41
Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

Related Articles:

Legal advisory contract drafting services by Lawyers in Ho Chi Minh city

Updated initial tax registration procedure for businesses

Land dispute Lawyer and current types of land disputes