Pre-sale litigation

Lawsuit requiring the preparation of a formal pre-sale document

The pre-sale contract of the building must be concluded with the notaries and included in the ownership document. If the pre-buyer wants to use the legal obligation after concluding the pre-sale contract, he must file a claim to prepare the official pre-sale document of the property. Also, if a property that has not been pre-sold under a normal contract does not have a building permit and technical identity card, the pre-seller must be required to ask the court to obtain this in addition to the lawsuit. Now, if the pre-seller is not the official owner of the property or there is no formal contract between him and the owner of the property, such as rent or participation in the construction, the official owner must be mentioned as one of the defendants in the lawsuit. Pursuant to Article 20 of the Building Pre-Sale Law, all disputes arising from the interpretation, interpretation and execution of building pre-sale contracts are the responsibility of the Arbitration Board.

Advocacy contract termination lawsuit due to non-payment of installments or contract price

Termination of the pre-sale contract according to the law on pre-sale of buildings, in the pre-sale of an apartment, the contract price is usually paid in installments to the pre-seller. Installment of the contract price on the one hand increases the purchasing power of pre-buyers, but on the other hand, puts the pre-seller at risk of non-payment of installments. In this case, the pre-seller must notify the home office of the pre-sale regulator in writing of the non-payment of the installments of the pre-sale contract. The home office is obliged to notify the buyer within one week to pay the arrears within one month, otherwise the pre-seller will have the right to terminate the contract. Submit the contract to the competent court. A lawsuit for termination of the pre-sale contract is filed due to non-payment of pre-seller installments to the pre-buyer.

Advocacy contract termination lawsuit due to area deficit

In a pre-sale contract, the building that will be delivered after construction may differ from what is specified in the pre-sale contract in terms of area. We can calculate the difference based on the rate stated in the contract. But if the area of ​​the delivered unit is less than ninety-five percent (95%) of the area agreed in the contract, the pre-buyer has two options, first, he can terminate the contract based on a deficit in the contract, and second, he can price demand based on the price of the day and based on the expert opinion of the pre-seller and the defendant will be the pre-seller.

If you have any questions about the pre-sale lawsuit and its rulings, or if you need guidance in preparing and enforcing its provisions, our experienced consultants and attorneys at the Asia lawyers Group will answer your questions.