Quy định về hợp đồng bảo lãnh khi mua nhà ở hình thành trong tương lai và tiến độ thanh toán

1. Guarantee contract when buying a house formed in the future. 

Housing formed in the future is a high-risk asset for customers. Therefore, the law has protected the rights of customers by establishing a provision on "guaranteeing future housing".

Specifically, according to Article 56 of the Law on Real Estate Business 2014 It is stipulated that:

- Real estate project investors, before selling or leasing to buy houses to be formed in the future, must be guaranteed by a commercial bank with sufficient capacity to guarantee the investor's financial obligations to customers. The investor does not hand over the house on schedule as committed to the customer.

- The scope, conditions, content and guarantee fees are agreed upon by the parties but must ensure the fulfillment of the guarantor's responsibilities specified in Clause 3 of this Article and must be made into a contract. The investor is responsible for sending a copy of the guarantee contract to the buyer or hire-purchase party when signing the purchase or hire-purchase contract.

The guarantee contract has a term until the house is handed over to the buyer or lessee.

- In case the investor does not hand over the house according to the committed schedule and the buyer or lessee requests, the guarantor is responsible for refunding the advance payment and other amounts to the customer. according to the signed housing purchase and lease purchase contract and guarantee contract.

- Guarantees for the sale, lease and purchase of future housing shall comply with the provisions of this Article and the provisions of law on guarantees.

Thus, to ensure their legal rights, before entering into a contract to buy a house to be formed in the future, the buyer needs to check the guarantee contract carefully and carefully. Avoid "virtual" commitments on price reductions from the seller to bypass this important type of contract.

2. Payment schedule when buying an apartment

To create favorable conditions for both buyers and sellers, the law sets out clear regulations on payment when purchasing or leasing real estate formed in the future. This regulation is specified in Article 57 of the Law on Real Estate Business 2014 as follows:

- Payment in the purchase, sale or lease purchase of real estate to be formed in the future is made many times, the first time must not exceed 30% of the contract value.

- Subsequent times must be consistent with the real estate construction progress but the total must not exceed 70% of the contract value before handing over the house or construction project to the customer; In case the seller or lessor is a foreign-invested enterprise, the total amount must not exceed 50% of the contract value.

- In case the buyer or lessor has not been granted a Certificate of land use rights, ownership of housing and other assets attached to land, the seller or lessor must not collect more than 95% of the contract value. copper.

- The remaining value of the contract is paid when the competent state agency has issued a Certificate of land use rights, ownership of houses and other assets attached to land to the buyer or lessee.

In addition, the investor must use the customer's advance payment for the committed purpose.

In short, the law has created a strict legal framework to protect the rights of future home buyers. Therefore, when entering into this type of contract, the parties must comply and strictly implement the provisions of law. In addition, buyers need to look up information and review legal documents carefully to avoid being entangled with "ghost investors".