The transfer, purchase and sale of real estate is considered to be valid on paper, contract, notarized and certified under the law of real estate business. Here are a few notices in the sales contract notarization.
Entity entering into a contract
Entities may enter into a contract when they meet the following criteria:
– Citizens who are 18 years of age or older and have full civil capacity and behavior. Persons with full civil capacity or acts shall have the full right to establish house purchase and sale transactions. Except for cases where the court has declared that the capacity and behavior have been adversely affected by the court or the statement of capacity limitation.
– Persons aged from 6 to less than 18 years old who are not fully civil act capacity. Therefore, if the persons involved in this case participate as sellers or purchasers in the house or land purchase contract, the consent of the representative at law is required. The will of the representative at law is required to be reflected in the house purchase contract.
– Persons aged between full 15 and under 18 years shall be established and performing house purchase and sale contracts within the scope of their personal property.
– Persons less than 6 years of age, persons who have lost their act capacity are not allowed to establish transactions. All transactions related to house purchase and sale contracts related to the rights and obligations of this person shall be established and implemented by the legal representative.
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– For legal entities, households, cooperative groups: These entities participate in house purchase transactions through their representatives (by law or by proxy). The rights and obligations established by the representative give rise to the rights and obligations of legal persons, households and cooperative groups.
In cases where the seller has many common co-owners (co-ownership, co-ownership of co-owners, common ownership of members of the household …) written by all owners. If the ownership document is only in the name of the spouse to avoid the risk should check whether it is the property of spouses.
Which contracts need notarization or authentication?
According to Notary Public Tu Duong Duong – Head of PCC No. 5 (HCM City), today, according to Decision No. 31 (20-5-2011) of the People’s Committee of Ho Chi Minh City on the authority authentication transaction, contract In Ho Chi Minh City, the contract of land transfer in general (including garden land) is carried out at organizations notarized in Ho Chi Minh City.
According to Tuong Duong, according to Article 167 of the Land Law 2013, the transfer of a house or land must be contracted, notarized or authenticated (except in the case of land transfer). real estate business). For provinces and cities that have not yet been transferred the competence of notarization and authentication from commune-level People’s Committees to notary organizations, this type of contract may be authenticated (but must be authenticated not authenticated in the form of signature authentication).
Notes to know before the notarization:
– When buying a home or land, or both home and land, the buyer needs to consider the house, whether there is a valid legal document or not.
– The seller is the person on the land or not
– Go to the office of people’s committee of ward, district (district) to find information about planning the house, land where you are intending to buy
– Does the actual area of the house, land and papers match? Contact the notary public organization to find out information on prevention or restriction of house and land transactions.
– In each locality, there is a minimum area to be separated. Therefore, when you are not clear about your eligibility for a separate plot, contact your local authority for information.
– You should contact the notary office for further advice and the law of real estate business as well as guidance on paperwork, the contents of the contract (time limit, time of delivery, payment, identification…)
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