The Process of Supporting Clients in Viewing Properties and Making Decisions

Table of Contents

Supporting clients in viewing properties and making decisions plays a pivotal role in establishing transparency and legal safety for all real estate transactions. This activity requires tight coordination between appraising the actual state of the asset and cross-referencing the land use rights dossier system. Strictly complying with professional procedures minimizes the risks of disputes or discrepancies regarding the property’s current status. In the following article, Long Phan Consulting Company provides a detailed analysis of standard operational steps alongside current legal regulations.

The process of supporting clients in viewing properties and making decisions
The process of supporting clients in viewing properties and making decisions

The process of assisting customers with property viewing and decision-making at each stage

The process of supporting clients in viewing properties and making decisions is deployed in specific phases to ensure clients have complete information, can accurately evaluate the real estate, and make choices that fit their needs.

Each phase requires different operational skills and risk control measures. Separating the roadmap helps you grasp comprehensive information about the target property while supporting clients in viewing properties and making decisions. The following sections delve into pre-checks, coordinating viewings, post-survey evaluations, and transaction-closing negotiation strategies.

Preparation before showing a property to a client (Pre-inspection)

In the preparation phase, the broker must check legal information and property status, preparing all necessary data before supporting clients in viewing properties and making decisions. The pre-check begins with specifically gathering your needs and profile. The expert will determine the usage purpose, financial capacity, and priority criteria regarding location or asset type. This ensures the highest compatibility between actual requirements and the introduced property list.

Legal appraisal is a mandatory step under Articles 11 and 14 of the 2023 Law on Real Estate Business. Our professional team inspects the Certificate of Land Use Rights and Ownership of Land-Attached Assets. A comprehensive property information dossier is then prepared to be used in the process of supporting clients in viewing properties and making decisions. This dossier typically includes current condition drawings, technical construction specifications, and a detailed land plot location map, serving as an essential reference during on-site inspections.

The stage during the house viewing

During the actual tour, supporting clients in viewing properties and making decisions focuses on detailing the real estate’s features, answering questions, and helping you evaluate related factors. The viewing starts with an overview of traffic infrastructure and surrounding amenities. The location is assessed based on connectivity and regional infrastructure development potential. You will directly observe the land boundaries and road reserves according to the technical dossier.

Analyzing the asset’s pros and cons gives you the most objective view while supporting clients in viewing properties and making decisions. Experts point out issues like structural degradation or environmental noise factors. All defect information is transparently disclosed to maximize the buyer’s protection. Practical consulting focuses on long-term usage value and cash-flow profitability. We analyze investment value based on the appreciation margin of neighboring markets, making it easier for you to choose a property that fits your personal financial strategy.

The phase after viewing the house

After the tour, supporting clients in viewing properties and making decisions continues by synthesizing information and analyzing the property’s pros and cons so the client can weigh their options. Evaluating suitability based on the initially established criteria board is necessary. You should compare the newly surveyed property with other backup options. This step removes fleeting emotions, focusing on core technical and legal parameters.

The financial plan is thoroughly advised, including payment schedules and credit leverage. The expert assists in reviewing bank loan contracts or blocked disbursement clauses. You will receive an accurate estimate of taxes, fees, and charges payable to the state budget. Resolving arising issues before depositing requires specialized civil law intervention. Minor boundary disputes or house repair requests must be agreed upon in writing. This ensures the decision-making process flows smoothly without legal hurdles while supporting clients in viewing properties and making decisions.

Assisting clients in negotiations and final decision-making

At this stage, supporting clients in viewing properties and making decisions is demonstrated by advising on price negotiation strategies, transaction conditions, and agreements to achieve a suitable outcome. The price negotiation strategy relies on actual valuation results and the current legal status. We assist you in negotiating clauses regarding the handover deadline and breach compensation responsibilities. The contract must ensure a balance of rights and obligations between the buyer and the seller.

The transaction is secured through a deposit agreement that includes all essential legal provisions, thereby supporting clients in viewing properties and making decisions. Pursuant to Article 328 of the 2015 Civil Code, the deposit amount is set to secure the contract’s conclusion. This document clearly states how the deposit will be handled if either party refuses to execute the transfer transaction.

>>> See more: Full-Package Support Services for Buying Real Estate in Vietnam

Legal requirements that must be followed in the customer support process

Supporting clients in viewing properties and making decisions must strictly comply with business and civil regulations. Parties must ensure asset conditions, information honesty, and proper brokerage contract formats. The following clarifies the legal obligations and standards for real estate permitted in civil transactions.

Asset Conditions: Under Article 14 of the 2023 Law on Real Estate Business, housing must possess a Certificate and not be in a clearance zone. The asset must not be under dispute or distrained for judgment execution.

Information Provision Obligations: Brokers must provide truthful, complete real estate information under Articles 62 and 65 of the 2023 Law on Real Estate Business. Concealing asset defects or providing false planning information will be penalized.

Brokerage Contracts: Real estate brokerage service contracts must be established in writing per Clause 9, Article 3 of the 2023 Law on Real Estate Business. Notarization/authentication is mutually agreed upon. Under Clause 4, Article 46, contracts typically include: 

  • Names and addresses of the parties;
  • Subject matter and scope of the services;
  • Service requirements and expected results;
  • Service performance timeline;
  • Service fees, remuneration, and commissions;
  • Payment method and payment deadline;
  • Rights and obligations of the parties;
  • Dispute resolution method;
  • Effective date of the contract.

These contents must be clearly presented when advising and assisting clients in property viewings and decision-making to ensure transparency in brokerage activities.

Legal procedures after making the decision to buy a house

After completing the property viewing process and finalizing a purchase decision, supporting clients in viewing properties and making decisions continues through the implementation of legal procedures in accordance with applicable regulations to ensure the transaction is lawful.

After agreeing on the purchase and sale, you need to have the transfer contract notarized at a notary office, as well as fulfill your financial obligations and register the transfer of ownership.

Procedures for notarizing a transfer contract

Notarizing the transfer contract is a critical step confirming the transaction’s legality while supporting clients in viewing properties and making decisions. This requires transacting parties to be physically present at the notary office.

Step 1: Preparation of Notarization Documents

The notarization dossier for real estate transactions includes the main documents as prescribed in Clause 1, Article 42 of the 2024 Law on Notarization, as follows:

  • Draft contract for the sale and purchase of real estate (prepared by the parties or with assistance from a notary office);
  • Copies of identification documents of the parties involved (ID card, passport, or other documents for identity verification);
  • Copy of the Certificate of land use rights, ownership of houses, and other assets attached to land (Land Use Right Certificate/House Ownership Certificate);
  • Other relevant documents as required by law (such as documents proving marital status, spousal consent, approval decisions for organizations, etc,…).

Note: If the notarial practice organization has already obtained the above information (except the draft contract) from the National Population Database or other legally regulated databases, the notarization requester is not required to submit these documents but must pay the data extraction fee as prescribed by law.

Step 2: Submission of Documents to the Notary Office

The notarization requester submits the dossier directly at the notary office. The notary will:

  • Check the completeness and validity of the documents;
  • Accept the dossier if it meets requirements or refuse and clearly explain the reasons if it does not.

Step 3: Consultation and Explanation of the Transaction

The notary is responsible for:

  • Guiding and explaining to the parties their rights, obligations, and lawful interests;
  • Clarifying the legal implications and consequences of entering into the real estate transaction;
  • Answering questions related to the contract content.

Step 4: Verification and Clarification (if necessary)

If any unclear issues arise, the notary may:

  • Request the parties to clarify doubtful matters;
  • Verify information regarding the property and transaction status;
  • Request appraisal/expert assessment upon the requester’s proposal;
  • Refuse notarization if such issues cannot be clarified.

Step 5: Review and Finalization of the Draft Contract

The notary will:

  • Review the draft sale and purchase contract;
  • Point out any provisions that violate the law or social ethics (if any) for amendment;
  • Refuse notarization if the requester fails to correct inappropriate content.

Step 6: Confirmation of Contract Content

  • The requester re-reads the draft contract or the notary reads it aloud;
  • The parties confirm their agreement with the entire contract content;
  • The parties sign each page and sign (or affix fingerprints) with full names on the last page.

Step 7: Completion of Notarization Procedure

  • Before signing the notarization certification, the notary requests the original documents for comparison;
  • The notary signs the certification and each page of the contract;
  • The notarial practice organization records the notarization number and affixes its seal;
  • The original notarized document is delivered to the requester;
  • The notarization is recorded in the register and the dossier is archived in accordance with regulations.

Notes:

  • Both the seller and the buyer must be present during notarization;
  • Notarization fees must be paid as prescribed (usually based on transaction value);
  • After notarization, the parties proceed with ownership transfer procedures at the land registration authority;
  • Notarization fees are calculated under Circular No. 257/2016/TT-BTC, based on the transaction value, ranging from VND 50,000 to a maximum of VND 70 million per case.

>>> See more: Property Buyer Finding Services for Real Estate Owners

Fulfilling financial obligations

supporting clients in viewing properties and making decisions also includes guiding clients through related taxes, fees, and charges.

During the transaction completion stage, supporting clients in viewing properties and making decisions also includes guiding them in fulfilling financial obligations such as taxes, fees, and related charges.

Real Estate Brokerage Fees

Real estate brokerage fees are expenses arising when clients use intermediary services supporting clients in viewing properties and making decisions, as well as assisting in finding buyers and completing transactions. These fees are entirely based on civil agreements between the seller and the broker and are recorded in the brokerage service contract.

Current laws, particularly the 2023 Law on Real Estate Business, clearly regulate this activity, creating a transparent legal framework for all parties involved. Specifically, Article 63 of the 2023 Law on Real Estate Business provides for brokerage remuneration and commissions as follows:

  • Individual real estate brokers are entitled to remuneration and commissions from real estate trading floor service enterprises or real estate brokerage service enterprises;
  • The level of remuneration and commission is agreed upon between the broker and the enterprise providing brokerage or trading floor services. The brokerage remuneration is not dependent on the transaction value.

Payment of brokerage fees is typically made after the seller receives the deposit from the buyer or after completing the transfer procedures at the notary office, depending on the agreed terms.

Personal Income Tax (PIT)

Personal income tax is a mandatory financial obligation payable to the state budget when income arises from real estate transfers. The declaration and payment of PIT are carried out at the competent tax authority where the transferred property is located.

Tax rate and calculation:

Tax rate: According to Article 22 of Decree No. 65/2013/ND-CP (amended by Clause 12, Article 2 of Decree No. 12/2015/ND-CP) and Article 29 of the 2007 Law on Personal Income Tax, the applicable rate for both residents and non-residents is 2% of the transfer price.

Taxable price: As stipulated in Article 18 of Decree No. 65/2013/ND-CP, the taxable price is the transfer price stated in the contract at the time of transfer.

  • If the contract price is lower than the price set by the Provincial People’s Committee, the taxable price will be determined based on the official land price list.
  • For houses attached to land, the house value is determined based on the registration fee price issued by the Provincial People’s Committee.

Time of tax determination: The taxable time is when the transfer contract becomes legally effective. If the contract stipulates that the buyer pays tax on behalf of the seller, the taxable time is when ownership registration procedures are carried out.

Tax exemptions:
According to Article 4 of the 2007 Law on Personal Income Tax (as amended in 2014), exemptions apply in cases such as:

  • Transfers between close family members (spouses; parents and children; adoptive relationships; parents-in-law and children-in-law; grandparents and grandchildren; siblings);
  • Transfer of residential house/land where the individual owns only one residential property in Vietnam;
  • Income from land transferred by individuals where the land was allocated by the State.

Registration Fee

The registration fee is the amount payable by the recipient of the property when registering ownership or land use rights with the competent state authority. In practice, the buyer is usually responsible for this fee. However, the parties may agree otherwise in the contract, and the seller may bear this cost as part of the transaction.

Rate and calculation formula:

  • Rate: According to Clause 1, Article 8 of Decree No. 10/2022/ND-CP, the registration fee for houses and land is 0.5%;
  • Formula: Registration fee payable = Fee calculation price × 0.5%.

According to Clause 1, Article 7 of Decree No. 10/2022/ND-CP:

  • The fee calculation price for land is based on the land price list issued by the Provincial People’s Committee at the time of declaration;
  • The fee calculation price for houses is based on the price issued by the Provincial People’s Committee in accordance with construction laws.

Important note:
If the transfer price stated in the contract is higher than the price set by the Provincial People’s Committee, the contract price will be used as the basis for calculating the registration fee.

Special Cases

  • For auctioned properties, the registration fee is calculated based on the actual winning bid price;
  • For apartments or multi-storey, multi-unit buildings, the fee calculation price includes both the unit value and the allocated land value based on the prescribed coefficient under Decree No. 53/2011/ND-CP.

Accurately determining the registration fee calculation price helps parties estimate costs correctly and fulfill financial obligations promptly.

Legal procedures to follow after deciding to buy a house
Legal procedures to follow after deciding to buy a house

Documents and files to prepare when assisting clients with property viewings

To make the supporting clients in viewing properties and making decisions effective, you need to prepare:

  • Copies of the seller’s Certificate of Land Use Rights and Land-Attached Assets.
  • Detailed 1/500 planning info or planning certificates from functional agencies.
  • Client identification (Citizen ID and marital status confirmation).
  • Asset technical and current status dossiers.
  • Real estate brochures, images, and videos.
  • Loan-related documents (if any).
  • Transaction blockage check slips from the notary system.
  • Drafts of the deposit agreement and transfer contract.

>>>See more: Pre-Transaction Real Estate Legal Checking Support Services

Long Phan Consulting Company provides a process-based consultation service to assist clients in viewing properties and making decisions

Experts at Long Phan Consulting Company execute specialized operations to protect your rights. We structure our professional support into the following key area:

  • Directly assess legal documents and check the planning status of the property.
  • We can represent or assist you in negotiating pricing terms and payment methods.
  • Drafting deposit agreements and transfer contracts in accordance with the standards of Article 448 of the 2015 Civil Code.
  • Inspect the property’s current condition to compare it with the information on the legal documents.
  • Instructions on how to file tax returns and register land ownership changes at government agencies.
Long Phan Consulting Company provides advice on the process of assisting clients with property viewing and making suitable choices
Long Phan Consulting Company provides advice on the process of assisting clients with property viewing and making suitable choices

Frequently Asked Questions about supporting clients in viewing properties and making decisions

The following, Long Phan Consulting Company some frequently asked questions regarding supporting clients in viewing properties and making decisions. We invite interested customers to refer to them:

How can I check the latest zoning information for a specific plot of land?

You can submit a request form for land data at the Land Registration Office or search online on the provincial/city planning portal. According to Article 48 of the 2024 Land Law, land use plans must be publicly disclosed, helping you determine whether your land is within the red line boundary or a zone designated for demolition.

What is the timeframe for completing the land title transfer procedure after signing the notarized contract?

Within no more than 30 days from the effective date of the transfer contract, you must register the change of ownership at the land registration authority as prescribed in Clause 3, Article 133 of the 2024 Land Law.

Is it mandatory for a deposit contract to be notarized to be legally valid?

Current law does not require deposit contracts to be notarized; however, notarization helps establish solid evidence and prevent the seller from receiving deposits from multiple people simultaneously. According to Article 328 of the 2015 Civil Code, if the party receiving the deposit refuses to conclude the contract, they must return the deposit and an amount equivalent to the value of the deposited property (unless otherwise agreed).

Is it mandatory for a real estate brokerage contract to be in writing?

Real estate brokerage is one of the forms of real estate service business as stipulated in Clause 2, Article 3 of the 2023 Law on Real Estate Business. According to Clause 9, Article 3 of the Law on Real Estate Business, a real estate service business contract is a written agreement between an organization that meets the conditions for conducting real estate service business as prescribed by this Law and an organization or individual to conduct real estate service business.

Therefore, real estate brokerage contracts must be in writing. A written contract clearly records the details of the service, the rights and obligations of both parties, as well as agreements on brokerage fees and responsibilities during the service delivery process.

What are the real estate agents’ responsibilities in providing information about the property?

According to Clause 1, Article 65 of the 2023 Law on Real Estate Business, real estate brokerage businesses and individuals practicing real estate brokerage have the obligation to provide complete and truthful documents and information related to the real estate they are brokering, and are responsible for the accuracy of the information provided to clients. If the provision of false information causes damage to the parties involved in the transaction, the broker must compensate for the damage caused by their fault in accordance with the law.

Are brokers liable if disputes arise?

Real estate brokers are responsible for the information, documents, and scope of work they provide or perform under the brokerage contract as stipulated in Clause 1, Article 65 of the 2023 Law on Real Estate Business, amended and supplemented in 2024. In case of disputes arising from intentional fault or professional error of the broker, the broker may be liable for damages as stipulated in Article 131 of the 2015 Civil Code and the agreement in the contract. Conversely, brokers are not responsible for issues outside the scope of the services committed to.

When do I have to pay the brokerage fee?

According to Article 63 of the 2023 Law on Real Estate Business, as amended in 2024, the timing of brokerage fee payment is determined by agreement between the parties in the real estate brokerage contract. Typically, the fee is paid when the transaction is completed or when specific conditions are met, such as signing the sales contract, notarizing the transfer, or successfully transferring ownership, depending on the agreed terms.

Conclusion

Building and correctly executing the process of supporting clients in viewing properties and making decisions is the optimal solution to eliminate latent financial and legal risks. Grasping the steps from pre-checks to post-negotiations helps you establish transactions confidently and transparently.

If you require in-depth accompaniment from an expert team to appraise assets and perfect procedures, please contact Hotline 1900636389 for direct guidance from specialists at Long Phan Consulting Company.

Table of Contents
CONTACT FORM
Call for consultation now!

Leave a Reply

Your email address will not be published. Required fields are marked *