With the economic difficulties and the gloomy real estate market, many customers and investors buying future real estate (payment according to progress) are facing a situation of illiquidity, lack of capital, and difficulty in continuing to pay according to the progress as per the signed contract.
Many people are almost stuck because it is not easy to transfer the contract to someone else or liquidate the contract and ask the investor to return the money with the least possible damage.
According to some people with experience in real estate investment, customers cannot easily cancel the contract and claim back the full amount as paid if the investor fulfills the original commitment. However, in civil contracts, the two parties can still negotiate based on the goodwill of both parties.
So how to negotiate with the investor best, limit losing money?
Housing formed in the future
According to Lawyer Dang Hoang My, Director of Dang Hoan My Law Firm (Ho Chi Minh City Bar Association), whether the real estate market is difficult or favorable, there are still cases where customers do not pay for the apartment as committed. Therefore, investors often include in the contract the necessary content for contract payment.
However, to facilitate both customers and investors, some businesses allow customers to extend the progress, extending the next payment period by about 3-6 months. In this case, customers must ensure finances for the coming time to proactively make decisions.
The next option is that depending on the customer's ability and capacity, the investor will switch to another product with a lower price, more suitable to the customer's ability. This will help the investor not have to pay back the money and the customer will not be burdened with the ability to pay for the next installments.
If the home buyer still does not have the money to pay with the above two methods, the customer can choose option 3, which is to resell the property to another customer. With this method, the investor must have goodwill to sell and the customer must pay marketing costs, brokerage commissions, etc.
As for contracts where the investor violates the contract, the project's legal status is not complete, the project is not implemented on schedule, there is no financial capacity to continue implementing the project... then the agreement will be in favor of the buyer.
However, customers cannot immediately claim their money because it will be difficult for the investor to pay and refund the correct amount to the customer because they themselves are also facing difficulties.
Finally, it is the agreement between the two parties, how goodwill, what responsibility... so that the parties do not have disputes or significant damage.
Source: https://nld.com.vn/dong-tien-thong-minh/giai-quyet-the-nao-khi-nguoi-mua-nha-khong-du-kha-nang-thanh-toan-theo-tien-do-20231122160822225.htm
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