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29/10/2022

5 TERMS OF THE APARTMENT BUY AND SELL CONTRACT NEED TO BE READ CAREFULLY

When deciding to buy a home, the contract is one of the most important contents. This is considered a document recording the agreement of the parties, serving as a basis for the buyer and seller to perform their obligations to each other.

For the purchase and sale of apartments, the contract form is fixed according to the appendix of Decree 02/2022/ND-CP. And here are 5 terms that the parties need to consider carefully before signing.

Information of the parties to the contract

When the information of the seller and buyer is correct, the new contract will be concluded with the correct subject. This personal information basically includes Full name, date of birth, identification papers, permanent/temporary residence, current place of residence… For the business party, the necessary information Check is the Business name, address, information about the business registration certificate, and legal representative…

Information about the apartment being traded

In addition to checking the information about the address, the number of apartments, floors, buildings, zones, apartment areas… written on the contract, whether it is the right apartment that the parties are trying to transact, is legal. The management of the apartment is also a very important content.

In cases where the apartment is in the form of a project and has not been issued a pink book, it is necessary to consider the following contents: the project is being completed or has been completed, and is consistent with the information about the previously agreed project. are not; Has the apartment pink book been issued… If the apartment pink book has been issued, check the information on the pink book and on the contract to match.

The time limit for handing over and the deadline for receiving the pink book

In addition to the fact that the buyer can be moved to the apartment from the time of handing over the apartment, this is also the time to decide on many related legal issues.


According to Clause 7 Article 26 of the Law on Housing, the time of apartment handover is also the basis for calculating the time when the investor requests the competent authority to issue the apartment pink book to the buyer and this time limit is within 50 days from the date of purchase. from the date of handover. Therefore, this is an important milestone that buyers need to pay attention to.

Payment progress

In the case of buying an apartment with deferred payment, this is a term directly related to the obligations of the home buyer. According to the provisions of Article 125 of the Law on Housing, the agreement on the payment schedule must be specified in the contract. This will also help the parties have clear grounds to properly perform their rights and obligations.

Other service charges

For an apartment, the buyer needs to find out more about the service fees attached to the apartment such as apartment maintenance fee, parking fee, the service fee for management and operation of the apartment building, etc. This fee will help the homeowner calculate the total service cost incurred, and will pay according to the agreed contract during living.