Home    Làm thế nào để đòi được tiền cọc khi mua nhầm nhà thuộc quy hoạch

Nhiều người đã đặt cọc tiền để mua nhà đất từ những lời giới thiệu của môi giới. Sau đó mới phát hiện rằng mảnh đất, ngôi nhà thuộc quy hoạch của nhà nước, chính quyền. Vậy làm thế nào để đòi được tiền cọc? Cùng tìm hiểu ngay qua bài viết sau nhé:

Luật của nhà nước về đất trong diện quy hoạch

Đất, sở hữu đất và những quy định về nhà đất trong quy hoạch được quy định theo khoản 1, Điều 48 Nghị định số 181/2004/NĐ-CP về việc cấp giấy chứng nhận quyền sử dụng đất cho hộ gia đình, cá nhân đang sử dụng đất, trường hợp đất thuộc khu vực phải thu hồi theo quy hoạch mà đã có quyết định thu hồi đất của cơ quan Nhà nước có thẩm quyền thì chưa được cấp giấy chứng nhận.

Chính vì thế, trong giao dịch mua bán nhà, bán nhà quận 9 thuộc khu vực phải thu hồi đất theo quy hoạch mà đã có quyết định thu hồi đất của cơ quan Nhà nước có thẩm quyền thì, việc đăng ký biến động, sang tên quyền sử dụng đất và quyền sở hữu nhà ở sẽ không được Văn phòng đăng ký quyền sử dụng đất tiếp nhận, giải quyết.

Trong trường hợp người mua đã đặt cọc để mua, có một phần diện tích nằm trong phạm vi, khu vực quy hoạch và nếu đã có quyết định thu hồi đất của cơ quan Nhà nước có thẩm quyền thì việc mua bán, chuyển nhượng sẽ không được sang tên, đổi chủ.

mua-nha-trong-dien-quy-hoach
Mua nhà đất trong diện quy hoạch không có quyền chứng nhận, sở hữu hợp pháp

Giải quyết thế nào khi nhà mua nằm trong diện quy hoạch

Do đất, nhà ở trong diện quy hoạch nên bạn hoàn toàn có thể yêu cầu bên chuyển nhượng hoàn trả tiền đặt cọc. Nếu bên chuyển nhượng không chấp nhận, bạn hãy nhờ đến sự giúp đỡ của tòa án trong việc đưa ra quyết định giải quyết tranh chấp, sai phạm. Bạn có thể làm đơn yêu cầu Tòa án giải quyết, tuyên bố giao dịch đặt cọc vô hiệu, để nhận lại tiền đã đặt cọc.

Trường hợp nhà ở, đất ở thuộc quy hoạch, nhưng đã quá 3 năm kể từ ngày công bố quy hoạch mà chưa có quyết định thu hồi đất để thực hiện dự án; và trong hợp đồng đặt cọc bên bán không có cam kết sẽ chịu trách nhiệm hoàn trả tiền cọc nếu nhà ở, đất ở đem chuyển nhượng thuộc quy hoạch, thì cho dù nhà ở, đất ở có thuộc quy hoạch nhưng chưa có quyết định thu hồi, bên bán cũng không có lỗi.

Trường hợp mua bán nhà tại quận tân bình trong diện quy hoạch khi đã đặt cọc căn cứ khoản 2 Điều 358 Bộ Luật Dân sự, nếu người mua từ chối việc mua nhà ở, đất ở như đã thoả thuận trong hợp đồng đặt cọc thì người mua không có quyền đòi lại tiền đặt cọc. Phương án tốt nhất là bạn hãy chủ động gặp gỡ bên bán để thương lượng về khoản tiền đặt cọc này.

Như vậy, trước khi mua bán nhà tại quận 7 bạn nên tìm hiểu các thông tin xem nhà đất đó có thuộc quy hoạch hay không, đảm bảo tính pháp lý hay không sau đó mới đặt tiền cọc để tránh những rắc rối, phức tạp về sau. Nếu đã “lỡ” mua thì hãy thảo thuận lại với bên bán, nhờ sự giúp đỡ của tòa án khi đủ bằng chứng về việc mua bán.

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