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Hợp Đồng Mua Bán Đất Đai: Những Điều Cần Biết Để Tránh Rủi Ro

user image 2025-03-03
By: steve7876
Posted in: home

1. Introduction


A land sale contract is an important legal document that ensures the rights and obligations of both the buyer and the seller. If you do not follow the correct procedures or do not understand the terms of the contract, you may encounter many legal and financial risks. In this article, we will help you understand what you need to know to avoid risks when signing a  luật sư đất đai s ale contract .

2. Important elements in land sale and purchase contracts


2.1. Information of the parties


The land sale contract must clearly state the information of the seller and the buyer, including:


  • Full name, ID card/CCCD number or passport number.

  • Permanent address.

  • Contact information.

Lawyer's advice: Make sure the information is correct to avoid future disputes.

2.2. Information about trading assets


The contract should describe the property in detail, including:


  • Land area (according to land use rights certificate).

  • Location, address of land plot.

  • Land type (residential, agricultural, commercial, etc.).

  • Legal status of the land (disputed, mortgaged, planned or not).

Advice from a lawyer: Carefully check the red book/pink book and related documents before signing the contract.

2.3. Sales price and payment method


The contract should clearly state:


  • Transfer value.

  • Payment method (bank transfer, cash, installment payment).

  • Payment term.

Advice from lawyers: Pay via bank to have proof of transaction, avoid risk of dispute.

2.4. Responsibilities of the parties


The contract should clearly state the responsibilities of the buyer and seller, including:


  • The seller guarantees legal ownership.

  • The buyer guarantees to pay on time.

  • Tax and fee obligations (usually the seller is responsible for personal income tax, the buyer is responsible for registration fees).

Lawyer's advice: Clearly state each party's responsibilities to avoid disputes.

2.5. Penalty and dispute resolution clause


The contract should contain provisions relating to:


  • Penalty for breach of contract.

  • How to resolve disputes (negotiation, mediation, lawsuit).

Advice from lawyers: There should be a penalty clause in the contract to ensure the obligations of the parties.

3. Common risks when signing land sale and purchase contracts



  • Buy land without red book/pink book.

  • Land subject to planning or dispute.

  • The contract is not notarized and therefore has no legal value.

  • Payment without documents, easy to be scammed.

Lawyer's advice: Consult a lawyer before signing a contract to minimize risks.

4. Conclusion


A land sale contract is an important transaction that must be carried out in accordance with the law to avoid risks. Seeking legal advice will help ensure your rights and ensure a safe transaction. If you have any questions, please seek professional legal assistance.

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