When you sign a contract for purchasing a house, it's not the end of the process. There are many factors to consider and details to pay attention to throughout the entire procedure. Here’s what you need to know:
**Item 1: Handle the handover of commercial housing as per the developer's notice**
If the property meets the conditions outlined in the contract, the developer must notify the buyer in writing about the handover process before the agreed delivery date. The notice should clearly state the time, place, and required documents. It’s important to follow up on time. If the buyer refuses to accept the house or fails to complete the procedures, they may be liable for penalties. Additionally, from the date specified in the written notice, any damage or loss to the property becomes the buyer’s responsibility.
**Item 2: Ensure the developer provides necessary documentation**
According to the standard "Commodity Sale Contract," the delivery of a commercial property typically requires the following: a construction project planning acceptance certificate, a building completion acceptance certificate, and housing survey results for ownership registration. The developer must also ensure that no existing rights are attached to the property. For residential properties, the developer should provide the "two books": the quality guarantee and the residential instruction manual. Buyers have the right to request these documents and can refuse to accept the house if they are incomplete or missing.
**Item 3: Promptly urge the developer for timely delivery**
Under the law, if the developer delays the delivery, the buyer must first send a reminder. If the developer still fails to deliver after three months, the buyer may cancel the contract. When the developer refuses to provide required documents, the buyer should act quickly. This can be done by sending a written notice, ensuring the developer signs it or by mailing it with proof of delivery. Keep all records for future reference.
If the developer still doesn’t deliver within three months, the buyer can request to cancel the contract, get a refund, and hold the developer accountable for breach of contract.
**Item 4: Avoid accepting the house too easily**
Some buyers may choose to accept the house even if the developer lacks proper documentation due to urgency. However, this is legally considered as delivery, which could lead to difficulties later. Developers might ask buyers to sign a handover document. It’s crucial to carefully review the document and note any reservations, such as only collecting keys without accepting the property.
**Item 5: Check for serious quality issues**
Generally, if the developer has obtained the planning acceptance certificate and the building completion acceptance record, the house is considered safe. However, since the developer now conducts the acceptance, there may be hidden issues. Buyers should carefully inspect the property. Minor problems can be addressed through repairs, but major defects require further action.
**Item 6: Commission professional testing if quality issues arise**
If serious quality problems are found during inspection, the buyer should promptly contact a qualified provincial or municipal construction quality testing agency. After testing, if the main structure is substandard or the property has major defects that affect its use, the buyer has the right to terminate the contract and demand a refund, along with compensation for breach of contract.
It's essential to stay informed, be proactive, and protect your rights throughout the home-buying process.
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