Sample Apartment Transfer Agreement

The sample apartment transfer agreement is an important part of buying or selling an apartment. When buying or selling an apartment, signing a written agreement will serve as proof of your transaction and protect you in case of disputes. Below are some important details about the sample apartment transfer agreement.

Sample Apartment Transfer Agreement

Conditions for Transferring an Apartment

According to Article 118 of The Law on Housing 2014, the conditions for transferring an apartment include:

• Possession of a certificate as prescribed by law, except for the cases specified in Clause 2, Article 118 of The Law on Housing 2014;
• The apartment is not under dispute, complaint, or lawsuit regarding ownership rights; it is within the ownership period for apartments with a limited ownership term;
• The apartment is not subject to distraint for judgment enforcement or to comply with a legally effective administrative decision by a competent state agency;
• The apartment is not subject to land recovery, has no notice of clearance, or demolition issued by a competent authority.

Regulations on transfer of apartment

Form of Apartment Transfer Agreement

According to Article 123 of The Law on Housing 2014, the purchase and sale of houses and apartments must be established in a written contract with all the contents as prescribed in Article 121 of The Law on Housing 2014.

Content of the Apartment Transfer Agreement

Parties to the Contract

The parties to the Apartment Transfer Agreement can be individuals or organizations.

• For individuals:Individuals participating in the apartment purchase and sale contract must have full legal capacity and civil act capacity.
• For legal entities:When participating in the apartment purchase and sale transaction, the organization must have legal status. The legal capacity of a legal entity includes both legal capacity and act capacity. These two capacities arise simultaneously at the time of the establishment of the legal entity and exist until the legal entity terminates its operation.

Subject Matter of the Contract

The subject matter of the apartment purchase and sale contract usually includes:

• The apartment:This is the specific asset to which the purchase and sale contract applies, including the area, location, accompanying utilities, and other special terms related to the apartment.
• Related parts:Besides the main apartment, the contract may also mention related utilities such as parking spaces, storage rooms, or other common utilities…

Legally and financially, the subject matter of this contract is usually clearly defined in the sales documents to avoid confusion and disputes later.

Content of the Contract

When drafting the Apartment Transfer Agreement, it is necessary to fully and correctly meet the contents of the contract to ensure compliance with form regulations and protect the rights of the parties. The apartment transfer contract should include the following main contents:

• Names and addresses of the parties;
• Information about the real estate;
• Purchase, lease, or lease-purchase price;
• Payment methods and deadlines;
• Time for handover and receipt of the real estate and accompanying documents;
• Warranty;
• Rights and obligations of the parties;
• Liability for breach of contract;
• Penalties for contract breaches;
• Cases of contract termination, cancellation, and handling measures;
• Dispute resolution;
• Effective date of the contract.

Important Notes When Signing the Transfer Contract

Apartment transfer is a high-value civil transaction. When signing the transfer contract, the parties should carefully check all information to minimize potential risks. Here are some important notes when signing an apartment purchase contract:

• Check the personal information of the parties and the information of the transferred apartment before signing the Apartment Transfer Agreement.
• Check the handover period of the apartment and receive the certificate before signing the apartment transfer contract.
• Check the payment progress agreed upon in the apartment transfer contract.

Be careful when signing a transfer contract

Consulting Services for Drafting Apartment Transfer Contracts

With a team of experts with many years of experience in the field of contracts, Long Phan will provide the following services to our clients:

• Consulting on the process of preparation, negotiation, conclusion, and implementation;
• Reviewing contracts to minimize risks;
• Drafting and adjusting contracts;
• Representing clients in negotiations, drafting, and resolving contract disputes;
• Advising on potential risks when concluding contracts;
• Guiding on solutions for resolving contract disputes.

Apartment transfer contracts are a common service aimed at supporting parties in the transaction process. This ensures the legal rights and interests of both the buyer and the seller. Therefore, the drafting and signing of contracts must comply with current legal regulations, ensuring transparency and clarity in each clause. If you have any questions or need to use our contract drafting consulting services, please call our hotline at 0906.735.386.