Mẫu hợp đồng mua bán nhà đất chưa có sổ đỏ mới nhất 2022

What is a real estate sale and purchase contract form without a red book? Real estate sale and purchase contract form without a red book? How to make a real estate sale and purchase contract without a red book? What are the legal risks when buying land without a red book?

Currently, people’s demand for housing is increasing, there are some questions about the transfer of land use rights and ownership of land without a red book, is it transferable? If yes, how to make the most standard form of land sale and purchase contract without a red book?

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1. What is a model of a real estate sale and purchase contract without a red book?

The form of contract for sale and purchase of real estate without a red book is a document made when the house and land do not have a certificate of land use rights and ownership of houses and other land-attached assets. Real estate transactions without red books are not considered legal, so there are always potential risks. The buyer needs to resolutely receive the seller’s commitment to apply for the red book after signing the sale and purchase contract.

The legal procedures for buying and selling real estate without a red book are as follows:

House and land without a red book is land without a certificate of land use rights, ownership of houses and other land-attached assets. There are 2 cases of real estate without red book:

+ Case 1: Land is not eligible for red book. In this case, the transfer of land use rights will not be allowed.+

+ Case 2: The land is eligible but for some reason has not been granted a Red Book or has not yet made a Red Book.

According to the 2013 Land Law, one of the conditions to be able to buy and sell land is to have a red book, so land without a red book will not be eligible to participate in transactions, whether buying, selling, gifting, inheriting or inheriting. Mortgage. In case you still decide to buy land without a red book, the seller (in case 2) still has the right to act as the transferor in the land purchase and sale contract. The specific procedure includes the following main steps:

+ The land seller asks for the units to have authority to issue land use right certificates with the land area for sale agreed with the buyer.

+ The buyer and the seller together draft a contract for the sale of real estate without a red book.

+ After signing the contract, the seller will apply for a certificate of land use right and carry out the procedures for transferring the name of the red book later in accordance with the law.

The form of land sale and purchase contract without a red book is a form created by two parties to agree on the purchase and sale of real estate in case the land does not have a red book with the contents including information on both parties and information on the transaction. translation as well as terms when buying and selling this land without red book. Avoid problems later.

2. Form of contract for real estate sale and purchase without red book:

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

CONTRACT FOR TRANSFER OF LAND USE RIGHTS

(At address: ……)

Notary Number: … Book No: …

NOTARY OFFICE

Head office: ……

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ASSIGNOR:

Mr. …., year of birth: ., ID number: …. issued by the Police … date .. and his wife is Mrs. …., year of birth: …, ID number: …… issued by the police …. issued on … Both grandparents registered their permanent residence at: No…,.

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(hereinafter referred to as Party A in the contract)

TRANSFER PARTY:

Mr. …., year of birth: ., ID number: …. issued by the Police … date .. and his wife is Mrs. …., year of birth: …, ID number: …… issued by the police …. issued on … Both grandparents registered their permanent residence at: No…,.

(hereinafter referred to as Party B in the contract)

We voluntarily jointly make and sign this contract to perform the transfer of land use rights with the terms discussed and agreed upon by the two parties as follows:

ARTICLE 1: LAND USE RIGHTS TRANSFER

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1.1. Land use right at address: No…., under the lawful use right of Party A according to “Certificate……” No: …., number entered in the land use certificate issuance book/original file number: … by the People’s Committee… ., dated ……

1.2. By this contract, Party A agrees to transfer to Party B the entire land use right area according to the above Certificate with the following characteristics:

a/ The land plot is entitled to use:

– Land plot number: ……

– Map sheet number: ……

– Address of the land plot: ……

– Area: … m2(… square meter)

– Uses:

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+ Private use: …… m2(…… square meter)

+ General use: …… m2(…. square meter)

– Uses:…

– Expiry date:…

– Origin of use: …

b/ Assets attached to land:

1.3. Party B agrees to receive the transfer of the entire land use right area that Party A has agreed to transfer to Party B as it is, and Party B accepts all transfer requests according to the State’s planning (if any). ) later for the area of ​​land use rights that have been transferred.

ARTICLE 2: TRANSFER PRICE AND PAYMENT METHOD

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2.1. The transfer price of the above-mentioned land use rights agreed by the two parties is …. VND(…..VND) to be paid in current Vietnamese State currency.

2.2. Payment method: Party B pays Party A in cash.

2.3. The payment and receipt of the aforesaid amount shall be made by the two parties themselves and shall be responsible before the law.

ARTICLE 3: LAND AUTHORIZATION AND REGISTRATION

3.1. Party A is obliged to hand over the land plot in accordance with the above status quo and all original papers on land use rights to Party B. The delivery and receipt of land and documents on land use rights shall be performed by both parties themselves and responsible before the law.

3.2. Party B is obliged to register the land use right at the competent authority in accordance with the provisions of law.

ARTICLE 4: RESPONSIBILITIES FOR PAYING TAXES AND FEES

4.1. Taxes and fees related to the transfer of land use rights under this Contract shall be paid by Party …….

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4.2. After signing this contract, Party …… is obliged to contact the tax authority to carry out tax payment procedures as prescribed.

ARTICLE 5: CONTRACT DISPUTE SETTLEMENT METHODS

During the performance of this Contract, if a dispute arises, the parties shall jointly negotiate to resolve on the principle of respecting each other’s interests; in case it cannot be resolved, either party has the right to initiate a lawsuit to request a competent court to settle it according to the provisions of law.

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ARTICLE 6: ASSURANCE OF THE PARTY PARTIES

6.1. Party A is responsible before the law for the following commitments:

a/ The information about the identity, about the land plot stated in this Contract is true;

b/ The land plot is subject to the transfer of land use rights in accordance with the provisions of law;

c/ At the time of entering into this Contract:

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– The above land use right belongs to Party A’s lawful use right, there is no dispute or lawsuit;

Land use right is not bound in any way by the following: Mortgage, transfer, exchange, donation, lease, loan or declaration as capital of the enterprise, not distraint to ensure judgment enforcement;

– Not to be bound by any decision of a competent state agency to limit the rights of the land user;

– The original certificate of land use right that Party A presents to the notary public at the time of signing this contract is the real and unique copy.

d/ The conclusion of this Contract is completely voluntary, not deceived, not forced;

e/ To properly and fully perform the agreements stated in this contract;

f/ There are no complaints against the Notary who signed this Contract.

6.2. Party B is responsible before the law for the following commitments:

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a/ The personal information stated in this Contract is true;

b/ Party B has carefully considered and knows about the land plot mentioned in this Contract and the documents on land use rights;

c/ The conclusion of this Contract is completely voluntary, not deceived, not forced;

d/ To properly and fully perform the agreements stated in this contract;

e/ There is no complaint against the Notary who signs this Contract.

6.3. Party A and Party B jointly undertake:

The characteristics of the transferred land use rights mentioned in this Contract are true to the actual situation, if there is a difference with reality, Party A and Party B must bear all risks and be responsible before the law. no claim or claim against the notary who signed this Agreement.

ARTICLE 7: FINAL TERMS

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7.1. This Contract takes effect immediately after the two parties sign and is notarized. Any amendment, supplement or cancellation of this Contract is only valid when it is made in writing by both parties and certified by a competent authority and is only implemented when

The transferee has not yet registered the name of the land use right under this Contract.

7.2. The two sides recognized that they clearly understood the provisions of the law on the transfer of land use rights; clearly understand their rights, obligations and legitimate interests and the legal consequences of entering into this Contract;

7.3. The two Parties themselves re-read/listen to the Notary Public to re-read the original text of this Contract, mutually agreeing to all the terms of the Contract and without any problems. Both Parties sign below as evidence.

ASSIGNOR

(A side)

TRANSFER PARTY

(B side)

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3. Instructions for making a house sale and purchase contract without a red book:

First: About the information of the subjects participating in the transaction and information about the land plot

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The subjects participating in the transaction must provide the following information:

For the seller:

Name and surname of the owner; Identity card; Issue date:……month…….……; Job; Permanent address; Temporary address, if any.

For the buyer: in addition to the buyer’s information similar to the seller, the buyer can authorize another person to perform the transaction, so it is necessary to add personal information of the person authorized to perform the transaction if yes.

Information about the land plot includes: Area of ​​land plot; soil type; land parcel No.; belonging to the digital map sheet; remaining land use term; Certificates of land use rights; Property attached to land, if any.

Second: About the commitments of the parties

The parties need to have a commitment to the legality of the land information that is not in the cases where the law does not allow the transfer and the plan to handle when there are risks and disputes.

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Note:

Because the transfer of land without a red book can lead to many risks for the transferee. Therefore, the following issues should be kept in mind:

– The seller is responsible for asking the competent authority to issue a certificate of land use right in accordance with the land plot and land area as agreed to sell to the buyer.

– The two parties agree to draft a contract of sale and purchase of land without a Red Book to transfer land use rights.

– After signing this contract, the seller conducts procedures for granting land use right certificatesprocedures for transferring land use rights as well as procedures for transferring the name of the red book in accordance with the provisions of law.

Real estate without a red book cannot be bought and sold. Therefore, if the property is eligible, the owner needs to make a red book before making a real estate sale and purchase contract.

4. What are the legal risks when buying land without a red book?

First: After the land transaction is not eligible for a red book

When carrying out land purchase and sale activities without having a red book. After paying the value of the contract, the subject matter of the contract is the land that is not eligible for the issuance of a red book. Thus, the buyer has fallen into the worst situation when entering the transaction.

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Land that is not eligible for a red book can fall into many cases such as: Disputing, origin of land is not as declared…. So even though payment has been made, the land is still not owned by the owner. buyer.

Second: The land use purpose cannot be transferred as expected

When performing transactions, in many cases the land belongs to agricultural land groups, and it is not possible to build permanent structures there. If, after the transaction, the land is not converted to land use purposes, the buyer will not be able to fulfill his/her purposes on that land.

Third: The contract is not notarized, so when there is a dispute, it is easy to create risks.

Chuyên mục: Biễu mẫu

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