5 things to check carefully when buying land to avoid "losing money and getting sick"

(Dan Tri) - Land use rights transfer transactions contain many legal risks for non-professionals.

Clause 1, Article 45 of the 2024 Land Law stipulates that organizations, households and individuals are entitled to transfer land use rights when meeting the following conditions:

- Have a certificate of land use rights, house ownership rights and other assets attached to land, except in the following cases: Inheritance of land use rights, conversion of agricultural land when consolidating land, exchanging plots, donating land use rights to the State, residential communities; Foreign-invested economic organizations receiving real estate project transfers in accordance with the provisions of law on real estate business;

- Individual households that have not been granted a red book but are eligible for a red book are allowed to transfer land use rights, lease, sublease land use rights, and contribute capital using land use rights to carry out projects.

- Land has no dispute or the dispute has been resolved by a competent state agency, a court judgment or decision, an arbitration decision or award that has come into legal effect;

- Land use rights are not subject to seizure or other measures to ensure enforcement of judgments according to the provisions of the law on civil judgment enforcement;

- During the land use period;

- Land use rights are not subject to temporary emergency measures as prescribed by law.

Based on the above regulations, when transacting land use rights transfer, the parties need to note 5 things.

Verify seller information

When buying land, the buyer needs to know whether the seller has the right to sell that land plot. There are 2 cases where the right to transfer land can be exercised: The person whose name is on the certificate or the person authorized to exercise the right to transfer (must have a legal authorization contract).

Second, is the land plot intended for sale a joint property or separate property? If it is a joint property of husband and wife, the transfer must have the consent of both husband and wife.

If the property is jointly owned by many people, the red book must record the full names of those who share the land use rights. In this case, if the entire plot of land is transferred and there are many people sharing the land use rights, the consent of all those whose names are listed in the book is required.

Does the land have a red book or not?

Article 45 of the 2024 Land Law stipulates that a red book is required when transferring (except for the cases specified above). Thus, if the transferor does not fall into the above exceptions, he/she does not have the right to transfer.

Is the land plot in planning or not?

According to Clause 4, Article 76 of the 2024 Land Law, if the land plot is subject to a publicly announced land use plan but there is no annual district-level land use plan, the land user may continue to use the land and exercise the rights of a land user as prescribed. In this case, the seller may still transfer the land use rights.

Case 2 is a land plot in the planning with an annual land use plan of the district level, the rights of land users can still be exercised until there is a decision to reclaim the land or change the land use purpose according to the plan, but new houses, works, and perennial trees cannot be built.

To know information about the land plot such as planning, legal status..., the buyer can apply for land information about the land plot they intend to buy.

Land sale advertisement (Photo: IT).

Notes when making a deposit when buying and selling land

The value of land use rights is increasing, so when transferring, the parties often agree to make a deposit in advance. The deposit is a security measure to enter into or perform a contract. To avoid risks, the parties need to have a witness when making a deposit contract or notarizing or certifying to avoid disputes.

Notarization of land use rights transfer contract

Clause 3, Article 27 of the 2024 Land Law stipulates that contracts for transfer, donation, mortgage, and capital contribution using land use rights, land use rights, and assets attached to land must be notarized or certified, except for the case specified in Point b of this Clause.

Accordingly, only in cases where one or more transferors are real estate business organizations are not required to notarize or authenticate.

Source: https://dantri.com.vn/bat-dong-san/5-dieu-can-kiem-tra-ky-khi-di-mua-dat-de-tranh-tien-mat-tat-mang-20241031101415057.htm