Should we read the red book before making a mortgage?

Investigation service in Vietnam – Member A asks: I am looking to buy a house and have a satisfactory home, I want to see the red book, but the landlord disagrees. The landlord shows the photocoppy, the landlord commits a separate red book and is completely legal in Vietnam, only when going to a notary office to make a new house purchase contract to see the original. My question is: Do homebuyers have the right to see the red book before making a deposit?

The lawyer advises your case as follows:

Real estate buyers have the right to ask land owners to see the red books to check the legality of the properties they intend to buy before making a down payment. As such, they will avoid legal risks.

In case the owner has many reasons not to give the red book for preview, the buyer should not down the deposit to avoid legal risk, damage later. Some landlords intentionally deceive buyers when selling houses, land plots without separate red books, real estate is not eligible for transfer … At that time, they will give many reasons for not Show buyers red book before making a deposit. Many people want to buy, because they trust, they should deposit; only later discovered that the property does not have a separate red book, is not allowed to transfer, has no transaction and accepts the loss of deposit. Some people regret the deposit bought that house with “hand papers”.

According to Article 127 of the 2015 Civil Code, if a seller intentionally deceives a buyer in order to let the buyer down the deposit as mentioned above, the deposit transaction is invalid due to the deception. The buyer has the right to refuse to buy the housing and ask the recipient to pay the deposit. If not met, the buyer has the right to sue in court to declare the deposit invalid and reclaim the money.

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