Bac Ninh Provincial Department of Construction has just issued a document on strengthening management of real estate (RE) business activities in the province.
The document stated that recently, through monitoring, grasping information and receiving feedback on the real estate market situation in the province, it shows that there is a situation where some real estate consulting organizations provide consulting when real estate in the project does not meet business conditions, sign real estate consulting contracts in the form of "service agreements", collect "deposits", "guarantee money to prove financial capacity" to fulfill obligations under service contracts; some individuals implement agreements and collect "exchange money" when introducing and consulting on real estate.
This may directly affect the rights of people, potentially lead to legal disputes, and potentially pose complex risks affecting social order and the investment and business environment in the province.
The Department of Construction recommends that people proactively research, understand, and carefully check the information and legal status of real estate projects before transacting. Only sign consulting, brokerage and real estate trading contracts when the project is eligible for business according to the provisions of law.
Recommend people not to carry out transactions with many potential risks in forms such as "booking deposits", "registering aspirations" for organizations and individuals when real estate is not eligible for business.
For Real estate service business contracts, in addition to service fees according to the provisions of law, other agreed amounts such as "guarantee money", "deposit to implement service contracts" are agreed upon by the two parties according to civil law, if there is a dispute, it will be applied and resolved according to the provisions of civil law.
Therefore, people need to carefully consider and fully keep contracts, payment documents and related documents to protect their legitimate rights and interests when disputes arise.
All "exchange money" outside the Purchase and Sale Contract, Real Estate Service Business Contract agreed upon by customers to be transferred to the accounts of organizations and individuals is a civil agreement. In case there are signs of being coerced, fraudulently appropriating property, it is requested that people promptly report and denounce to the police agency for consideration and handling according to criminal law regulations.
Bac Ninh Provincial Department of Construction proposed that the Provincial Police strengthen grasping the situation, detecting and handling criminal acts in real estate business activities, especially acts showing signs of fraud and appropriation of assets, using false information to mobilize capital or buying and selling real estate that does not meet the conditions for business; violating legal regulations on money laundering prevention and control in real estate business.
In recent years, in Bac Ninh province, Lao Dong Newspaper has also had many series of articles reflecting on the issue of collecting "difference money" for buying social housing and advertising real estate when not meeting business conditions in the form of deposits and reservations.
