Essential Steps Before Selling Real Estate to Achieve a High Price

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Essential Steps Before Selling Real Estate to Achieve a High Price constitute a mandatory process helping owners optimize asset value and ensure legal safety in civil transactions. Fully executing procedures to check the real estate’s status and perfect the dossier minimizes the risk of price squeezing or prolonged disputes. In the following article, Long Phan Consulting Company provides a detailed roadmap relating essential steps before selling real estate to achieve a high price.

Essential steps before selling real estate to achieve a high price, for those preparing to make a transaction
Essential steps before selling real estate to achieve a high price, for those preparing to make a transaction

Verify the information to eliminate risks

Understanding the essential steps before selling real estate to achieve a high price can help homeowners maximize their profits. Checking real estate information before listing helps you proactively control arising legal situations. This activity eliminates factors hindering your right to dispose of the asset under the 2024 Land Law. You must rigorously review the following contents to ensure the legality of the listed asset.

Check the conditions for transferring ownership of real estate

Real estate agents often guide clients through the essential steps before selling real estate to achieve a high price.

Conditions for transferring land use rights: Under Clause 1, Article 45 of the 2024 Land Law, a land user may transfer land use rights when meeting these conditions:

  • Possessing a Certificate of rights, except in cases of inheritance, agricultural land exchange, donating land to the State/community, and cases specified in Clause 7 Article 124 and Point a Clause 4 Article 127 of the 2024 Land Law.
  • The land is free of disputes, or any dispute has been legally resolved by a competent state agency, court judgment, or arbitration award.
  • The land use rights are not distrained or subjected to other measures to secure civil judgment execution.
  • Within the valid land use term.
  • The land use rights are not subject to temporary emergency measures as prescribed by law.

Conditions for buying and selling houses: Under Clause 1, Article 160 of the 2023 Housing Law, to be eligible for sale, housing must meet these conditions:

  • Possessing a Certificate. Exceptions where a Certificate is not mandatory include: buying/lease-purchasing/mortgaging off-plan housing; selling housing during dissolution/bankruptcy; donating charity housing; buying/lease-purchasing existing housing from a developer in specific cases (public housing, social housing, armed forces housing, resettlement housing); leasing, lending, or authorizing housing management; and inheriting housing. Documents proving eligibility for these exceptions follow Government regulations.
  • Not currently under dispute, complaint, or lawsuit regarding ownership.
  • Within the housing ownership term (for term-limited ownership).
  • Not distracted for judgment execution or to comply with an effective administrative decision; not subject to temporary emergency or preventive measures by a Court or state agency.
  • Not subject to a land recovery decision or a housing clearance/demolition notice. (Note: The conditions regarding disputes and distraint/recovery do not apply to the sale/lease-purchase of off-plan housing).

Many sellers also choose to work with professional real estate agents who have experience in marketing properties effectively. By following these essential steps before selling real estate to achieve a high price, sellers can attract more buyers and increase the chances of completing a profitable transaction.

Check the authenticity of the land ownership certificate, zoning plan, and mortgage status

Many property experts emphasize the importance of following essential steps before selling real estate to achieve a high price in a competitive market. To avoid encountering uncertified land, fake Certificates, or properties stuck in planning or mortgaged, you must verify the information. The most accurate method is checking at the Land Registration Office.

Preparing legal documents, improving the property’s appearance, and researching market trends are essential steps before selling real estate to achieve a high price. To check plot information, individuals/households fill out an information request form. The process follows Section VI, Appendix I of Decree 151/2025/ND-CP:

  • Submit Form No. 14 (or a written request/contract) to the land data provision agency. The data must be used strictly for the stated purpose.
  • Submission methods: Online (National Land Portal, National Public Service Portal, etc.); direct submission or via post/telegram; or other electronic means.
  • The agency receives, processes, and notifies the requester of the fees. If rejected, the agency must state the reason within 02 working days.
  • After fee payment, the agency provides the requested data.
  • Provision timeline:
    • Available data: Provided the same working day (or the next if requested after 3 PM).
    • Unavailable data: Within 02 working days, the agency provides the data or notifies an extension. Extensions for complex searches or consulting other agencies cannot exceed 10 working days.
    • Specific agreements dictate the timeline if arranged between the parties.

Data Provision Agencies: At the central level, it is the Land Information and Data Center (under the Department of Land Management). Locally, it is the Land Registration Office (or commune People’s Committee where databases are not yet established).

Land information and data provider agency

  • The central agency providing land information and data is the Land Data and Information Center under the Department of Land Management, Ministry of Agriculture and Environment;
  • The local agency responsible for providing land information and data is the Land Registration Office. For localities that have not yet established a land database, the Land Registration Office and the People’s Committee at the commune level are responsible for providing land information and data from cadastral records according to the decentralized management of cadastral records.

Determining the value of real estate

Real estate agents often guide clients through the essential steps before selling real estate to achieve a high price. To successfully sell your house or land, the first thing you need to do is determine the true value of your property. This not only helps you set the right price but also attracts interest from potential buyers.

Understand the current market

Understanding the current market is one of the essential steps before selling real estate to achieve a high price, as it helps sellers determine the right pricing strategy and the most suitable time to put their property on the market.

The market constantly changes, making it crucial to track price fluctuations and trends. Proactively research similar real estate in your area to gain an overview of your asset’s value. Grasping actual transaction volumes in the recent quarter helps you understand supply and demand. Knowing mortgage interest rates and surrounding infrastructure projects will help you execute pre-sale steps effectively. Utilize major real estate websites or consult industry experts.

Compare to similar properties

Compare your property with recently transacted similar assets (comparables), noting the area, number of bedrooms/bathrooms, design, and building age. This provides an accurate value perspective and a basis for negotiation. Survey asking prices on portals and actual transaction prices at local notary offices, adjusting for factors like frontage width, plot shape, and orientation.

Valuation based on growth potential

Consider the area’s development potential. Areas with heavy infrastructure investment appreciate over time. If your real estate is in a high-potential zone (upcoming roads, ports, or commercial centers), you can price it slightly higher. Demonstrate this to clients by presenting local development projects. If agricultural land can be converted to residential land, its value increases significantly.

Prepare legal documents

Legal documents are the most important papers confirming your ownership and right to dispose of the property. Careful preparation of these documents ensures a smooth notarization process and minimizes the risk of documents being returned due to omissions.

Gather relevant documents

Prepare the original Certificate of Land Use Rights, Housing Ownership, and Land-Attached Assets. Mandatory personal documents include Citizen ID Cards, Marital Status Confirmations, or separate property agreements. If the seller is a legal entity, provide the Business Registration Certificate and the Members’ Council/Board of Directors’ meeting minute approving the transfer.

Check the legal status of the property

Proactively contact the Land Registration Office to check for transaction blockages (court or judgment execution decisions you weren’t notified of). Ensure the asset is not involved in boundary or inheritance disputes. Review financial obligations, such as annual non-agricultural land taxes.

Dispute resolution (if any)

If boundary overlaps or disputes with neighbors exist, initiate grassroots mediation immediately. If unresolved, you must pursue litigation or request competent authorities to re-measure the boundaries. Concealing disputes can lead to severe legal consequences and future contract damage compensation.

The land buying and selling process, the steps to take when buying and selling land

Marketing strategies and property staging are part of the essential steps before selling real estate to achieve a high price. The land purchase and sale process is carried out through many strict stages to protect the legitimate rights of all parties involved. Customers need to understand the procedure from the initial verbal agreement to receiving the new land use right certificate. Understanding this process will help customers proactively coordinate with the buyer and relevant government agencies.

Deposit

Under Clause 1, Article 328 of the 2015 Civil Code, a deposit secures the conclusion or performance of a contract. In land sales, the buyer gives the seller a sum of money to ensure both parties sign the transfer contract. Parties usually draft a deposit agreement/contract with witnesses, and some choose to notarize/authenticate it. The contract typically covers: party and plot info, selling price, deposit amount, notarization deadline, remaining payment deadline, party obligations, fee allocations, and penalty clauses. The specific amount is mutually agreed upon, usually based on the land’s value.

The sequence of steps in land purchase and sale transactions as stipulated by law
The sequence of steps in land purchase and sale transactions as stipulated by law

Signing of land use rights transfer contract

Notarize or certify the contract

The parties are required to have the land use rights transfer contract notarized as stipulated in Clause 3, Article 27 of the 2024 Land Law. Accordingly, land purchase and sale contracts must be notarized or certified, except in cases where the law stipulates notarization or certification at the request of the parties.

The documents required for notarization and authentication, as stipulated in Article 42 of the 2024 Notarization Law, include:

Land seller

  • Land title certificate (certificate of land use rights).
  • Identification documents: Citizen Identification Card or National Identity Card or passport (of both husband and wife) that are still valid.
  • Proof of marital relationship (if married) or certificate of marital status (if unmarried).
  • Power of attorney (if authorized to carry out the transfer on behalf of another person).
  • Contracts for the transfer, donation, mortgage, or capital contribution using land use rights, or land use rights and assets attached to the land, must be notarized or certified.

Land buyer

  • Identification documents: Citizen Identification Card or National Identity Card or passport (of both husband and wife) that are still valid.
  • Proof of marital relationship (if married) or certificate of marital status (if unmarried).

After all the necessary documents have been prepared, the buyer and seller go to a notary office or the People’s Committee of the locality where the property is located to sign the transfer contract. The notary office will receive, check, and draft the contract and notarize it according to the law.

>>>See more: Gold for Payment in Real Estate Transactions Legal

Tax and fee declaration

Parties must declare Personal Income Tax (PIT) and registration fees. If agreed that the buyer pays the seller’s tax, declare these alongside the title transfer dossier to save time.

  • PIT: Under Article 17 of Circular 92/2015/TT-BTC, the rate is 2% of the transfer price. If the contract price is lower than the provincial Land Price Table, the tax authority applies the Table rate or requests re-declaration if tax evasion is suspected.
  • Registration Fee: Under Article 8 of Decree 10/2022/ND-CP, the rate is 0.5%, calculated based on the provincial Land Price Table at the time of declaration (unless exempt).
  • Payment Deadlines: Registration fees must be paid within 30 days of the tax notice. PIT deadlines are stated on the tax notice.

Transfer of ownership registration

Prepare the documents

If the transferee pays the personal income tax on behalf of the transferor, the registration documents for the change of ownership include:

  • Application for changes;
  • Transfer contract;
  • The original Certificate has been issued;
  • Personal income tax return form;
  • Vehicle registration fee declaration form;
  • Documents proving eligibility for exemption from registration tax and fees (if applicable).

Submit application

  • Individuals can submit their applications to the commune-level People’s Committee if needed.
  • If the application is not submitted to the commune-level People’s Committee, individuals can submit it at the one-stop service center.

Time limit for receiving and processing applications

According to Clause 3, Article 133 of the 2024 Land Law and Clause 2, Article 16 of Decree 123/2024/ND-CP, it is stipulated that:

  • For land plots that already have a land use certificate, when transferring land use rights and assets attached to the land (referred to as transferring land and property), a registration of changes (registration of ownership transfer) must be carried out.
  • Within a period not exceeding 30 days from the date of notarization of the land transfer or sale contract, if the buyer fails to register the change of ownership (also known as transferring the land title), they will be fined from 2 to 3 million VND.

>>> See more: What Contents Must a Housing Sales Contract Include? Important Notes for Signing

Long Phan Consulting Company provides advice on the necessary steps to take before selling your property to achieve a high price

Long Phan Consulting Company provides comprehensive advisory services on the essential steps before selling real estate to achieve a high price, helping you optimize the sales process safely and rapidly. We possess a team of highly experienced experts in Vietnamese land law and real estate business. We structure our professional support into the following key area:

  • Review and verify the legal validity of all property documents, including verifying the authenticity of the land title certificate.
  • Check detailed planning information and transaction restrictions at the relevant authorities.
  • We conduct independent valuations based on actual market data to give you a basis for negotiating a higher price.
  • Drafting deposit agreements, transfer agreements, and other commitment documents to protect the seller’s rights to the fullest extent.
  • We represent our clients in handling administrative procedures at government agencies, from submitting documents to tax settlement.
  • Assist in negotiating with the buyer to achieve the most favorable payment and property handover terms.

Selling a property successfully requires careful preparation and planning. Homeowners should understand the essential steps before selling real estate to achieve a high price in order to maximize their profits.

Long Phan Consulting Company provides support services for all necessary steps before transferring ownership of real estate
Long Phan Consulting Company provides support services for all necessary steps before transferring ownership of real estate

Some frequently asked questions about the steps to take before selling a property to get a high price

The following, Long Phan Consulting Company some frequently asked questions regarding the steps to take before selling your property to achieve a high price. We invite interested customers to refer to this information:

If the land title deed is currently mortgaged to a bank, are you allowed to put it up for sale?

You have every right to sell the property, but you must release the mortgage on the land title deed before signing the notarized transfer contract, as stipulated in Article 320 of the 2015 Civil Code. Typically, you can agree with the buyer to use the deposit or the first installment payment to settle the loan with the bank in order to obtain the original land title deed for the transaction.

When selling agricultural land, are there any special conditions you should be aware of to achieve a high price and a smooth transaction?

Based on Article 45 of the 2024 Land Law, individuals who do not directly engage in agricultural production are still allowed to receive the transfer of rice cultivation land (except in cases where the land exceeds the limit and requires the establishment of an economic organization), thus expanding your customer base. However, you should carefully check the remaining land use period on the land certificate to ensure that the buyer is not pressured into accepting a lower price due to the land’s lease expiring soon.

What are the risks for you if a notarized contract records a lower price than the actual price to reduce taxes?

This is tax evasion and may be subject to administrative penalties or criminal prosecution under Article 200 of the 2015 Penal Code. Furthermore, if a dispute arises and the contract is canceled, you will only be protected by the court for the amount stated in the contract.

What should you do if the actual boundary differs from the information on the land title certificate?

Customers must complete the procedure for correcting or renewing the land use certificate to match the actual area figures according to Article 152 of the 2024 Land Law before selling. If the actual area is larger than what is recorded in the certificate without legalization, customers will lose an amount corresponding to that excess area when negotiating with the buyer.

Is a handwritten deposit agreement, without notarization, legally valid?

A handwritten deposit agreement remains legally valid and binding on the parties if it meets the requirements regarding the parties involved and is entered into voluntarily, as stipulated in Articles 117 and 328 of the 2015 Civil Code. However, to ensure absolute security and solid evidence in case of disputes, you should have the deposit agreement notarized according to Articles 42 and 43 of the 2024 Notarial Law at a notary office.

What is the maximum time allowed for me to register the transfer of ownership after signing the notarized contract?

Within 30 days from the effective date of the transfer contract, the customer or the buyer must register the change of ownership at the land registration authority in accordance with Clause 3, Article 133 of the 2024 Land Law.

>>> See more: Accurate Real Estate Valuation Before Listing

Conclusion

The essential steps before selling real estate to achieve a high price demand meticulous preparation regarding both legal knowledge and market analysis skills. You should fully execute the inspection and dossier preparation processes to ensure a transparent transaction.

If you encounter difficulties during execution, please contact Long Phan Consulting Company immediately via Hotline 1900636389 for in-depth legal advice on essential steps before selling real estate to achieve a high price.

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