What Conditions Must Be Met to Transfer Housing Sales Contracts?

What conditions must be met to transfer housing sales contracts is a question of great interest to ensure legal, safe, and convenient transactions. Understanding these conditions helps parties minimize risks, avoid disputes, and protect their legal rights. Long Phan Consulting Company analyzes the current regulations below.

Is it possible to transfer a house purchase contract?

Based on Clause 1, Article 49 of the Law on Real Estate Business 2023, current laws allow the transfer of the following contracts:

• Purchase/Sale contracts for future-formed housing.
• Hire-purchase contracts for future-formed housing.
• Hire-purchase contracts for existing construction works.

Note: This does not apply to contracts for social housing.

>>>See more: Guide to Transferring an Off-plan Apartment

Conditions for transferring a housing purchase and sale contract.

Based on Clause 1, Article 50 of the Law on Real Estate Business 2023, the transfer must ensure:

1. Certificate Status: The dossier requesting the Certificate (LURC/Pink Book) has not yet been submitted to the competent state agency.
2. No Dispute: The contract is not under dispute notified/accepted/settled by competent authorities (or disputes have been settled by effective judgments).
3. No Distraint/Mortgage: The property is not under distraint or mortgage (unless the mortgagee agrees).
4. Valid Contract: There is a sales/hire-purchase contract established under real estate business laws.

Rules for Transfer (Clause 2, Article 50):

• Transfer applies to the entire contract.
• If transferring specific units within a multi-unit contract, parties must amend the original contract or sign an annex before transferring.

Documents for transferring a house purchase and sale contract as required by law.

According to Article 13 of Decree 96/2024/ND-CP, the dossier includes:

1. Transfer Contract: 08 copies (Form in Appendix XI).
   • Distribution: Investor (2), Tax (1), Certificate Agency (1), Transferor (2), Transferee (2). +1 if notarized.
2. Notarization Dossier:
   • Original transfer contract.
   • Original initial contract (or annex).
   • Proof of payment to the investor.
   • Handover minutes (if any).
3. Tax Documents: Proof of payment or exemption.
4. Prior Transfers: Full dossiers of previous transfers (if 2nd transfer onwards).
5. Other Documents: Per notarization laws.

Procedures for transferring a house purchase contract according to the law.

According to Article 13 of Decree 96/2024/ND-CP:

Step 1: Drafting Drafting the Transfer Contract (08 copies).

Step 2: Investor Check (Optional) Submitting to the investor to confirm eligibility.

Step 3: Notarization Notarizing at a Notary Office in the province where the property is located.

• Exemption: Not mandatory if the transferor is a real estate business enterprise.

Step 4: Tax Payment Paying taxes, fees, and charges.

Step 5: Investor Confirmation Submitting to the investor. Within 05 working days, the investor confirms on the contract.

• Note: Investors cannot collect fees.

Step 6: Implementation Transferee inherits rights/obligations.

Step 7: Certificate Issuance The final transferee receives the Certificate (Pink Book).

Regulations regarding the multiple transfers of house purchase and sale contracts.

The law allows transferring contracts multiple times (unlimited), provided conditions are met.

• For transfers from the 2nd time onwards, the dossier must include all previous transfer contracts.
• The final transferee is the one granted the Certificate. (Legal Basis: Article 50 Law on Real Estate Business 2023; Article 13 Decree 96/2024/ND-CP).

Long Phan Consulting provides services to assist with the procedures for transferring ownership of housing purchase and sale contracts.

Long Phan Consulting Company provides comprehensive solutions:

• Consulting: Advising on conditions and procedures.
• Drafting: Drafting standard transfer contracts.
• Appraisal: Checking the legal status of the project/property.
• Support: Assisting with notarization, tax payment, and working with investors.
• Tracking: Monitoring confirmation progress and protecting client rights.

Frequently Asked Questions about the legally mandated procedure for transferring a house purchase contract.

Below are some frequently asked questions regarding the legally mandated procedure for transferring a house purchase contract. Please refer to them:

Can future-formed housing contracts be transferred multiple times?

Yes. The law allows unlimited transfers provided conditions are met. Dossiers for subsequent transfers must include previous transfer contracts. (Legal Basis: Article 50 Law on Real Estate Business 2023; Clause 2 Article 13 Decree 96/2024/ND-CP).

Is notarization mandatory?

Yes, unless the transferor is a real estate business enterprise and parties agree not to notarize. (Legal Basis: Point c Clause 2 Article 13 Decree 96/2024/ND-CP).

How long does the investor take to confirm?

Within 05 working days from receiving complete documents. The investor must confirm and return documents without charging fees. (Legal Basis: Point dd Clause 2 Article 13 Decree 96/2024/ND-CP).

Conclusion

Mastering the Conditions for Transferring Housing Sales Contracts ensures legal rights and transaction safety. Long Phan Consulting Company is ready to assist. Please contact Hotline 1900636389 for professional support.