Hi, lawyer!
My father bought a piece of land in Chon Thanh district, Binh Phuoc province for 2 years but did not have a land use right certificate, only the contractual papers of the two parties. At the moment, the real estate sales director falls into the labor circle, would the lawyers help your father to get land or money? That is the money your father has saved for a long time. I and my family will be very happy if we get the answers from the lawyers.
I would like to thank, lawyer!
ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Under the provisions of Article 358 of the 2015 Civil Code on responsibilities for not performing a job or not:
1. Where the obligor fails to perform an act which he must perform, the obligee may request the obligor to continue performing or perform by itself or assign another person to perform that act and request the obligor to pay reasonable expenses and compensate for damage.
Under the provisions of Article 429 of the Civil Code 2015 regarding the statute of limitations for initiating a lawsuit on a contract:
The statute of limitations for initiating a lawsuit to request the Court to settle a contract dispute is 3 years from the date the person with the right to request knows or must know that his or her legitimate rights and interests are infringed.
Under the provisions of Article 3.2 of the Agreement on the preparation of the registration dossier of the Contract Agreement and the reservation with the Investor:
It is expected that within 03 to 06 months from the date Party B fully pays the third installment under this Contract, Party A (hereinafter referred to as Real Estate Company) will carry out necessary legal procedures as prescribed. the decision of the competent state agency to apply for the land use right certificate in the fastest time for Party B. However, the review and approval depends on the competent state agency, the time completing procedures for applying for a land use right certificate for Party B may be before or after the expected completion time is 03 months.
Under the provisions of Article 6.1 of the Contract agree on penalty for contract breach:
If after 03 to 06 (three to six) months from the 3rd full payment, the real estate company delays in handing over the land use right certificate to Party B, the real estate company must refund the entire amount. the amount that Party B has paid to the real estate company and the real estate company must compensate Party B with the value of 20% of the total amount paid by Party B to the real estate company. However, the review and approval depends on the competent state agency, the time to complete the procedures for applying for the land use right certificate to Party B may be before or after the expected completion time. 03 months.
Contact your question, pursuant to Article 3.2 Agreement Agreement, between the three of you and the Real Estate Company has agreed that after paying the 3rd amount, the Real Estate Company will take action. Legal procedures are required to apply for a Land Use Right Certificate, but until now it has been more than a year since the completion of the 3rd payment, the Real Estate Company has not followed the agreement, so maybe said the real estate company has breached the contract as prescribed in Article 6.1 of the Agreement Agreement.
According to Article 358 Civil Code 2015, you have the right to send a written request to the real estate company to continue performing the work and to compensate for damage caused by breach of contract as agreed in Article 6.1 of the Contract Agreement. pros. In case the real estate company continues to fail to perform its obligations and the case is still within the statute of limitations for lawsuit prescribed in Article 429 of the 2015 Civil Code, you can file a lawsuit at the district court where the head office is located. Department of Real Estate Company in accordance with the 2015 Civil Procedure Code to require the Company to continue to perform its obligations and to compensate for damage caused by breach of contract.