📋 Tender Overview
Mr. Vu Chi Huy (Hanoi) is researching and preparing to participate in a real estate purchase transaction. He asked the authorities for guidance on how to handle the situation of signing a deposit/purchase contract for real estate to be formed in the future so that he could understand and comply with the regulations. A written agreement signed between the customer and the real estate brokerage company stipulates: the customer deposits 100% of the product value according to the roadmap (10% of equity capital upon signing; the bank disburses 80% of the loan after 1-1.5 months; an additional 10% of equity capital after approximately 2 months), while the project is not eligible to open for sale. The written agreement binds the customer to sign a sales contract. If they do not sign, they will be fined a deposit and collect a consulting fee of 0.5% of the real estate value. If signed, this fee will not be collected. When signing the sales contract, at the same time sign Appendix 01 of the agreement document, in which: 20% of equity capital is converted into a loan contract for the investor; 10% retained by the broker (from the disbursed bank amount); The remaining 70% is transferred to the designated account which is essentially the banks debt collection account to pay the selling price of the product according to the sales contract. Mr. Huy asked, is the above agreement document a legal civil agreement, or is it actually a disguised form of a real estate deposit/sale contract and illegal capital mobilization when the project is not yet eligible for sale? Is the agreement document and Appendix 01 in the case of an invalid transaction according to Article 123, 124 Civil Code 2015 or not? Regarding this issue, the Ministry of Construction has the following opinion: Clauses 1, 2, 3, 4, 5, Article 8 of the Law on Real Estate Business 2023 stipulates prohibited acts in real estate business: 1. Real estate business does not meet the conditions prescribed by this Law. 2. Forging documents, intentionally falsifying information about real estate Real estate and real estate projects put into business. 3. Not disclosing information about real estate and real estate projects put into business in accordance with the law on real estate business. 4. Fraud, deceit and fraud in real estate business. 5. Collecting money from the sale or lease of houses, construction works, construction floor areas in future construction works in contravention of the provisions of this Law; construction works, the construction floor area of future construction works contrary to the provisions of law. Housing, existing and future construction works, land use rights with technical infrastructure in real estate projects put into business must meet the conditions specified in Articles 14, 24, 31, 35 of the Law on Real Estate Business 2023. In Clause 4, Article 17 of the Law on Real Estate Business 2023 stipulates the responsibilities of real estate project investors: 4. Do not authorize other organizations or individuals to sign deposit, purchase, sale, transfer, or lease-purchase contracts for housing, construction projects, construction floor area in construction projects, land use rights with technical infrastructure in real estate projects. Clause 5, Article 23 of the Law on Real Estate Business 2023 stipulates principles for housing and construction business. Construction to be formed in the future: 5. Real estate project investors are only allowed to collect a deposit of no more than 5% of the selling price, lease-purchase price of the house, construction project, construction floor area in the construction project from the depositor to buy, lease-purchase when the house, construction project has met all conditions for being put into business according to the provisions of this Law. The deposit agreement must clearly state the selling price, lease-purchase price of the house, construction project, and the construction floor area in the future. construction works. Article 62 of the Real Estate Business Law 2023 stipulates the content of real estate brokerage: 1. Searching for partners that meet the customers conditions to participate in negotiating and signing contracts. 2. Authorized representative to carry out work related to procedures for buying, selling, leasing, subleasing, and leasing real estate. 3. Providing information and support for parties in negotiating and signing contracts contract for purchase, sale, transfer, lease, sublease, lease purchase of real estate. We request you to compare the above legal provisions and relevant legal provisions as a basis for determining the project investor signing a contract to receive deposits in the sale, lease purchase of housing, construction works, the construction floor area in construction works and the scope of brokerage activities of enterprises providing real estate brokerage services and individuals practicing real estate brokerage. real estate in accordance with the provisions of the law on real estate business. For the contents of the relevant laws on invalid contracts, please compare the provisions of the Civil Code to consider and determine.Chinhphu.vn
