An Phu Dong Residences Project: Collecting land for sale but no land for delivery

An Phu Dong Residences Project: Collecting land for sale but no land for delivery

After the crash-trap of the virtual project of Alibaba Real estate company, the idea of buyer is more cautious, the market will be purer. However, the status of business brokerage firms, with many "trick" enticement, collect money for land but no land for customers are still taking place every day.

According to information from readers provide, the reporter is known to many brokerage firms are selling project An Phu Dong Residences (An Phu Dong Ward, District 12, HCMC) of the investor is An Phu company LTD.

Recognition of the fact that the project is still vacant, the infrastructure is not yet decided or approved legally. However, according to the content contracts signed with customers, An Phu Company still "spleen law" mobilized illegal funds through the deposit agreement and investment cooperation contracts. Through these contracts, An Phu Company collects the customers ' deposits from 50 million to 200 million VND. At the same time, when signing a contract for investment cooperation, customers will have to close at least 30% to 40% of the contract value.

Mrs. Nguyen Thi N., located in Tan Binh, said she played 70%. Caused by the policy of appealing to the investor. In particular, in order for customers to trust and achieve the purpose of mobilizing their capital, An Phu Company established a commitment agreement with customers.

In his commitment, An Phu company said after 3 months will buy back the property that party A owns at the project An Phu Dong Resdences with the acquisition value include: The amount of party A used to buy the property; Plus a committed profit (about VND 120 million). Some customers due to the belief in guarantees, the same agreement commits to acquire the property and the investment cooperation contract bought the land at the project.

In addition, the investor of the project is still not really clear when each contract is signed with different organizations and individuals. Even, according to the learn of the reporter, who is standing on the certificate of land use right in the land is Mrs. Phan Thi Tuyet Nga and not An Phu Company as what is being advertised.

Legal Defocus

After several contacts, the reporter met Mr. Le Tuan Viet – Deputy director of An Phu Company. Answering about the project legal, Mr. Viet said, Project An Phu Dong Residences is the land of Ms. Nga, the company partnered with Russian grandmother to invest and develop the project, also the plot to sell the platform in accordance with decision 60/2017/QD-PEOPLE's committee of HCMC.

However, when the reporter asked the separation, the distribution of the background was approved by competent authorities of District 12 pursuant to article 5 of decision 60/2017/QD-PEOPLE's committee of HCMC or otherwise Mr. Viet feedback that is in collaboration with Mrs. Phan Thi Tuyet Nga to complete the procedure.

Clients hold the knife over the tongue

According to Attorney Nguyen Thanh Nha Office DBS attorney, in essence, the investment cooperation contract is actually the civil contract. According to the Civil Code, a civil transaction is disabled for purpose and content that violates the prohibition of law. When the civil transaction is disabled, the parties repay what has received and restored the original condition.

Therefore, a contract of investment cooperation with the content and purpose is a contract of sale of an estate has to be paid in advance but not yet have infrastructure and other conditions such as real estate business law and regulatory housing law. will be considered useless.

This overall invariably takes all risks towards the client, once the project is in legal trouble and has not yet implemented the customer is subject to a disadvantage. For money is already closed, and the investor who put the money of customers to do nothing is unknown.

Not only so, in our commitment, An Phu Company has the words "from the date of signing the purchase contract of party A with the owner of the project An Phu Dong Residence". So, when is the point of signing a sale contract? Has anyone been signed a sale contract with a land owner? By now, the project is still a vacant land