If the house buyer has not been granted a Land Use Rights Certificate, can the seller be required to pay the full price to buy the house?
In case the home buyer has not been granted a Certificate of land use rights, it is specified in Clause 2, Article 21 Law on Real Estate Business 2014 as follows:
Rights of the seller of the house or construction project
1. Request the buyer to receive the house and construction project according to the deadline agreed in the contract.
2. Request the buyer to pay in full according to the time and method agreed in the contract; In case there is no agreement, the buyer can only collect money not exceeding 95% of the contract value when the buyer has not been granted a Certificate of land use rights, ownership of housing and other assets attached to the land. .
3. Require the buyer to coordinate in carrying out purchase and sale procedures within the agreed time limit.
4. Do not hand over houses or construction works without receiving full payment, unless the parties have otherwise agreed.
5. Request the buyer to compensate for damage caused by the buyer's fault.
6. Other rights in the contract.
According to the above regulations, the home seller has the right to request the buyer to pay in full for the home purchase according to the time and method agreed in the contract.
In case there is no agreement, the buyer can only collect money not exceeding 95% of the contract value when the buyer has not been granted a Certificate of land use rights, ownership of housing and other assets attached to the land.
Thus, in case the house buyer has not been granted a Land Use Rights Certificate and both parties have no other agreement, the house seller is only required to pay a maximum of 95% of the house purchase amount, and has the right to request the buyer to pay in full.