Tham khảo những điều cần lưu ý kỹ trong hợp đồng mua bán căn hộ chung cư

Việc lưu ý kỹ đến những điều khoản quan trọng trong hợp đồng mua bán căn hộ chung cư sẽ giúp hạn chế những tranh chấp giữa chủ đầu tư và người mua sau này.

Tình trạng tranh chấp, mẫu thuận giữa chủ đầu tư và khách hàng tại các dự án chung cư là không hề thiếu. Bên cạnh lựa chọn chủ đầu tư uy tín thì chính bản thân người mua cũng cần phải tự lưu ý những điều khoản quan trọng sau đi khi ký kết hợp đồng để tự bảo vệ quyền lợi cho mình.

Thời gian bàn giao

Đây là một trong những điều quan trọng nhất cần được chú ý hàng đầu khi đọc hợp đồng mua bán trước khi ký (và cũng là điều dễ dẫn đến tranh chấp, mâu thuẫn nhất giữa khách hàng và chủ đầu tư). Việc rõ ràng trong tiến độ xây dựng và ngày bàn giao chính thức cho người mua cần được phía chủ đầu tư cam kết cũng như rõ ràng về trách nhiệm trong trường hợp bàn giao trễ.

Giá trị hợp đồng

Có 3 khoản chi phí chính cần làm rõ trong hợp đồng mua bán căn hộ chung cư, bao gồm:

Giá bán căn hộ

Ngoài ra, nếu có bất kỳ khoản phí phát sinh nào khác đều phải được nêu rõ trong hợp đồng, tránh trường hợp phía chủ đầu tư tự ý thêm hoặc tăng giá những loại phí dịch vụ khác gây mâu thuẫn, tranh chấp về sau. Ngoài ra, người mua cũng cần lưu ý đến phương thức thanh toán và phí phạt phải chịu trong trường hợp thanh toán trễ.

Tiến độ thanh toán

Đối với những người mua căn hộ chung cư theo hình thức trả góp hoặc mua trong giai đoạn dự án đang được xây dựng thì nên lưu ý kỹ về vấn đề thanh toán như sau:

Viêc thanh toán trong mua bán bất động sản hình thành trong tương lai được chia thành nhiều lần, lần đầu không quá 30% giá trị hợp đồng, những lần sau đó tùy vào tiến độ của dự án nhưng phải phù hợp và không được vượt quá 70% giá trị hợp đồng khi chưa bàn giao cho khách (điều 57, Luật Kinh doanh bất động sản 2014)
Nếu trường hợp phía bên bán là doanh nghiệp có vốn đầu tư nước ngoài thì tổng số tiền thanh toán trước bàn giao không được quá 50% giá trị hợp đồng.
Nếu bên mua, bên thuê chưa được cấp Giấy chứng nhận quyền sở hữu thì bên bán, bên cho thuê không được thu quá 95% tổng giá trị hợp đồng.

Thời gian cấp sổ hồng

Sổ hồng là giấy tờ pháp lý quan trọng chứng nhận quyền sở hữu của người mua căn hộ chung cư. Sổ hồng sẽ do phía chủ đầu tư có trách nhiệm xin nhà nước cấp cho người mua và phải có thời gian bàn giao sổ hồng cho người mua căn hộ một cách rõ ràng (thường là sau khi công chứng và người mua đã thanh toán giá trị hợp đồng). Và vì việc cấp sổ Hồng được xem là trách nhiệm và nghĩa vụ của phía bên bán nên người mua cần biết rõ để tránh trường hợp phía chủ đầu tư cố tình lợi dụng sự thiếu hiểu biết về luật để thu thêm một khoản phí cấp sổ từ khách hàng.

Xem thêm: Cơn sốt đất có thể gây ra những tác động gì thời điểm này?

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