No need to trade real estate through the floor
Participating in giving opinions on the draft Law on Real Estate Business (amended) at the conference of specialized National Assembly deputies on the morning of August 29, National Assembly deputy Pham Van Hoa (Dong Thap delegation) agreed with the content of guaranteeing future housing so that buyers and sellers can trust each other...
However, according to delegate Pham Van Hoa, the draft Law on Real Estate Business (amended) this time needs to add specific regulations on the guarantee (deposit) for future housing to handle cases of contract cancellation when the buyer and seller cannot reach an agreement with each other.
In addition, regarding the content of real estate transactions through trading floors, delegates expressed their agreement with the opinion of the National Assembly's Economic Committee. At the same time, they emphasized that real estate trading floors mainly perform intermediary brokerage activities to sell products, with the main purpose of doing business and making profits...
Therefore, it does not ensure publicity and transparency. The regulation of mandatory real estate transactions through the floor is unnecessary. According to the delegate, regarding this content, the State should only regulate encouragement, not make it mandatory.
National Assembly Delegate Pham Van Hoa.
Giving her opinion, delegate Nguyen Thi Viet Nga (Hai Duong delegation) said that the Law on Real Estate Business (amended) has received the attention of many people. The delegate gave her opinion on the issue of deposits in the business of housing and construction works to be formed in the future as stipulated in Clause 6, Article 23.
Ms. Nga agreed with the need for deposit regulations and said that if there were no regulations on deposits, especially the maximum deposit amount and the time of deposit, many problems would arise.
"In fact, currently, the deposit to buy houses in future construction projects is very chaotic because we lack these regulations, which leads to project investors appropriating buyers' capital. There are projects that mobilize deposits of 30-50% of the total value of the project...", Ms. Nga said.
Delegates realized that housing is a big asset for people, if there are no clear regulations on deposits, buyers will lose a large amount of money.
Regarding the time of deposit, delegate Nguyen Thi Viet Nga agreed with option 1 according to the Economic Committee's Report on explanation, acceptance and adjustment of the draft Law on Real Estate Business (amended). The deposit agreement must clearly state the price of sale, lease, purchase of housing, construction works and the deposit amount must not exceed 10% of the price of sale, lease, purchase of housing, construction works. The time allowed to collect the deposit is when the project with the basic design is appraised by the state agency, the investor has one of the documents on land use rights.
The Hai Duong delegation said that with such legal constraints, it is certain that the project will be implemented without legal obstacles, avoiding collecting deposits too early when the project has not met procedural requirements and has not been appraised, leading to the investor mobilizing capital illegally, defrauding buyers of deposits or losing a whole year to pay back the deposit to the buyer...
If the deposit time is regulated as in option 2, the buyer will not be affected much, but the investor and seller will face obstacles and difficulties in business calculations. Therefore, according to the delegate, the deposit time as in option 1 is reasonable.
Strictly manage the transfer of real estate ownership
Agreeing with many contents of the draft law as well as the draft law documents, explanatory and acceptance reports that have been presented, delegate Le Thanh Hoan (Thanh Hoa delegation) contributed additional opinions on the requirement to notarize real estate business contracts and real estate trading and brokerage floors.
National Assembly Delegate Le Thanh Hoan.
According to the delegate, regarding notarization of contracts, the process of transferring real estate ownership needs to be strictly managed, because this regulation is very necessary and important for protecting people's rights, meeting the requirements of ensuring clearly defined ownership rights. When trust in ownership rights is guaranteed, it will promote the purchase and sale, investment in assets as well as the transparent development of the real estate market.
Signing real estate sale and purchase contracts, specifically between real estate businesses and people, without requiring notarization is unreasonable.
The delegate stated that the mechanism of signing a completely private sale and purchase contract without an intermediary organization such as a notary organization to control has caused many problems, leading to many disputes and frauds, wasting time and money, and harming the interests of the people.
For most individuals, housing transactions are infrequent, and due to their complexity and infrequency, individuals' understanding of how best to conduct the transaction is often limited.
The delegate said that people should not be left to enter this transaction with only faith in the honesty of real estate businesses, and suggested that there should be clear regulations on notarization requirements to strictly manage the process of transferring real estate ownership .
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