Hiện nay, nhiều dự án chung cư đã được xây dựng để phục vụ nhu cầu nhà ở tăng cao do người lao động có xu hướng định cư tại các thành phố lớn để tìm kiếm cơ hội việc làm. Tuy nhiên, vì nhiều nguyên nhân mà căn hộ chung cư của một số dự án chưa được cấp “sổ đỏ”. Vậy, căn hộ chung cư chưa được cấp sổ đỏ thì có được giao dịch mua bán không?
Giấy chứng nhận quyền sử dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liều với đất (hay còn gọi là sổ đỏ) là chứng thư pháp lý để Nhà nước xác nhận quyền sở hữu nhà ở hợp pháp của người dân. Trường hợp, giao dịch mua bán nhà ở thương mại chưa được cấp sổ đỏ được thực hiện như thế nào để bảo đảm được quyền lợi của người mua. Khoản 2, Điều 123 Luật Nhà ở 2014 quy định như sau:
“Trường hợp bên mua nhà ở thương mại của chủ đầu tư nếu thuộc diện chưa nộp hồ sơ đề nghị cơ quan nhà nước có thẩm quyền cấp Giấy chứng nhận đối với nhà ở đó và có nhu cầu thì được chuyển nhượng hợp đồng mua bán nhà ở; bên nhận chuyển nhượng hợp đồng có trách nhiệm thực hiện đầy đủ nghĩa vụ theo hợp đồng mua bán nhà ở đã ký với chủ đầu tư.
Trình tự, thủ tục chuyển nhượng, nội dung và mẫu văn bản chuyển nhượng hợp đồng mua bán nhà ở được thực hiện theo quy định của Bộ trưởng Bộ Xây dựng; bên chuyển nhượng hợp đồng phải nộp thuế, lệ phí theo quy định của pháp luật về thuế, lệ phí.”
Đồng thời, Điều 59 Luật Kinh doanh bất động sản 2014 cũng quy định chi tiết về vấn đề này. Cụ thể, bên mua có quyền chuyển nhượng hợp đồng mua bán nhà ở hình thành trong tương lai khi chưa có sổ đỏ và việc chuyển nhượng này phải được lập thành văn bản với sự xác nhận của chủ đầu tư. Hơn nữa, Điều 32 Thông tư 19/2016/TT-BXD cũng đã nêu rõ điều kiện chuyển nhượng hợp đồng mua bán nhà ở thương mại, và cũng đã có hướng dẫn cụ thể khi chuyển nhượng nhà chung cư mà chưa được cấp sổ đỏ.
Như vậy, dù chưa có Giấy chứng nhận thì vẫn được phép mua bán nhà ở bằng hình thức chuyển nhượng hợp đồng mua bán nhà ở thương mại, đồng thời khi thực hiện giao dịch chuyển nhượng phải thực hiện các thủ tục theo quy định của pháp luật thì việc chuyển nhượng mới được pháp luật công nhận và bảo vệ quyền lợi của các bên.
Trên đây là bài viết tư vấn về vấn đề chuyển nhượng căn hộ chuyển nhượng chưa có sổ đỏ của Công ty Luật TNHH Apra. Quý khách hàng còn thắc mắc, vui lòng liên hệ hotline để được hỗ trợ tư vấn
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