Hiện nay, các tranh chấp về các giao dịch liên quan đến đất đai ngày càng phổ biến và phức tạp. Quá
trình giải quyết tranh chấp thường kéo dài, tốn nhiều công sức và chi phí. Do vậy, để phòng tránh rủi ro, hạn chế thấp nhất những tranh chấp có thể xảy ra, bài viết dưới đây chúng tôi sẽ đưa ra một số lưu ý trước khi thực hiện giao dịch chuyển nhượng quyền sử dụng đất như sau:
1. Tìm hiểu thông tin về thửa đất
Việc nắm bắt thông tin thửa đất là một khâu rất quan trọng trong quá trình thực hiện giao dịch. Người có nhu cầu sử dụng đất phải kiểm tra kỹ thửa đất sẽ giao dịch các thông tin như:
– Đất có nằm trong các diện quy hoạch, giải tỏa, thu hồi và trong khu vực đó có dự án nào không;
– Đất đang có tranh chấp không;
– Nguồn gốc, lịch sử thửa đất như thế nào;
– Có những ai có liên quan đến thửa đất như: Đất là tài sản chung của những ai ? của gia đình hay của cá nhân ? Tất cả những người liên quan có đồng thuận khi thực hiện giao dịch không ?
– Quyền sử dụng đất có đang bị kê biên để đảm bảo thi hành án không; Còn trong thời hạn sử dụng đất không …?
2. Giấy tờ pháp lý của thửa đất
Khi chuyển nhượng quyền sử dụng đất phải có Giấy chứng nhận quyền sử dụng đất. Sau đó xem trên Giấy chứng nhận để kiểm tra các thông tin như: Tên người sử dụng đất có phải là người sẽ thực hiện giao dịch không ? Nếu không phải thì tại sao ? Có giấy ủy quyền đã được công chứng không ? (Ví dụ: Đất là tài sản thừa kế, người nhận thừa kế là người nước ngoài hoặc người Việt Nam định cư ở nước ngoài không thuộc đối tượng được mua nhà ở gắn liền với quyền sử dụng đất ở tại Việt Nam người nhận thừa kế không được cấp Giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất nhưng được chuyển nhượng hoặc được tặng cho quyền sử dụng đất thừa kế theo quy định).
Kiểm tra Giấy chứng nhận quyền sử dụng đất (GCN) là GCN thật hay giả. Đây một trong những khâu quan trọng trước khi thực hiện giao dịch. Bởi lẽ, hiện nay có rất nhiều trường hợp người bán sử dụng GCN giả để bán đất cho người mua.
3. Hình thức và thủ tục thực hiện giao dịch
Hợp đồng chuyển nhượng quyền sử dụng đất phải lập thành văn bản, được công chứng hoặc chứng thực, trừ trường pháp luật quy định khác.
Tuyệt đối không thực hiện bằng hình thức “mua bán viết tay” hoặc “lập vi bằng”. Chỉ những giao dịch tuân thủ hình thức và thực hiện theo trình tự quy định của pháp luật thì giao dịch đó mới có hiệu lực và khi có tranh chấp mới được bảo hộ.
4. Chủ thể thực hiện giao dịch
Chủ thể tham gia giao dịch phải là người có quyền đối với bất động sản đó hoặc người được ủy quyền thì xem kỹ nội dung ủy quyền.
Xem xét năng lực hành vi, độ tuổi của người thực hiện giao dịch. Nếu thực hiện giao dịch với người không có hoặc hạn chế năng lực hành vi thì giao dịch đó có thể bị vô hiệu.
Trên đây là một số lưu ý chúng tôi nêu ra để Quý khách hàng cân nhắc trước khi thực hiện giao dịch
Dịch vụ pháp lý của Văn phòng luật sư Thái Minh trong các giao dịch đất đai
1/ Tư vấn pháp luật trước và trong quá trình khách hàng thực hiện giao dịch;
2/ Tư vấn, hỗ trợ khách hàng cách thức thực hiện giao dịch;
3/ Tư vấn, tham gia giải quyết tranh chấp với vai trò là Luật sư bảo vệ quyền và lợi ích hợp pháp cho khách hàng trong khi thực hiện giao dịch hoặc tại các cơ quan nhà nước.
4/ Các yêu cầu pháp lý khác theo yêu cầu của khách hàng theo quy định pháp luật.
VĂN PHÒNG LUẬT SƯ THÁI MINH
Địa chỉ: Số 20, phố Viên, phường Cổ Nhuế 2, quận Bắc Từ Liêm, Hà Nội
Điện thoại: 0981 263 166 / 0916 543 689
Email: Luatthaiminh@gmail.com
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Ngày 19.12.2017
152 thoughts on “HẠN CHẾ RỦI RO TRONG CHUYỂN NHƯỢNG ĐẤT ĐAI”
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