How to handle when buying and selling real estate but has not changed the red book name

Như Hạ |

Buying and selling real estate but not yet renamed the red book, the purchase has not taken legal effect.

Buying and selling real estate before August 1, 2024

According to Clause 2, Article 42 of Decree 101/2024/ND-CP, in case of transferring land use rights but has not yet implemented the procedure of transfer of rights as prescribed (not yet registered to change or also known as the red book name) is prescribed as follows:

The person using the land due to the transfer before August 1, 2024 that the land parcel has a certificate and the land use right party only has a certificate issued to the land parcel, together with the papers on receipt of land use rights or only contracts, documents on land use right transfer according to the regulations, the following is as follows:

Step 1. Land users submit

+ Application for land changes according to form No. 11/DK.

+ Contracts and documents on land use right transfer have been made in accordance with the case for only contracts.

+ Or written on transfer of land use rights made according to regulations but the right to transfer the right to award the certificate to the transferor.

- In case of receiving land use rights but without contracts or documents as prescribed, the application for land changes according to Form No. 11/DK, the original certificate issued, papers on the transfer of land use rights with sufficient signatures of the right to the right and the transferor.

Step 2. Solve the request

- The land registration office shall notify the right to the transferor and the People's Committee of the commune where the land is located for publicly listed on the procedures for granting certificates to the recipient of the transfer.

In case of unknown address of the transferor to notify, the Land Registration Office shall publish 3 times on the local mass media, the cost of posting the news by the person requesting the grant of land use right certificates, ownership of assets associated with land paid.

- After 30 days from the date of the first notice or posting of news on the local mass media without an application for dispute resolution, the Land Registration Office shall issue a certificate of land use right or property ownership attached to the land transfer party.

- In case the provincial transferor does not submit the issued certificate, the cancellation of the issued Certificate.

- In case of an application for dispute settlement, the Land Registration Office shall guide the parties to apply to the competent state agency to settle the dispute as prescribed.

Step 3. Return the results

Thus, in case of receiving transfer of land use rights and houses before 1.8.2024 (the effective date of the 2024 Land Law), only the certificate of the transferor or the contract, the transfer document but has not yet registered the fluctuations, the dossier is submitted as prescribed above.

Buying and selling real estate from 1.8.2024 up to now

If the transfer of land use rights and housing ownership is from August 1, 2024, until now, the parties have complied with the procedure of changing their names according to the law, specifically:

Step 1. Notarized or authenticated contract;

Step 2. Declare financial obligations;

Step 3. Submit the name of the name.

Như Hạ
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