Frequently Asked Questions

23 2026-10

How long can a landlord wait before terminating the contract if a tenant fails to pay the rent?

The lawyer explained the conditions for terminating the lease agreement due to the tenant's arrears in rent: there is no standard number of months, and the landlord must give the tenant a reasonable period of notice in accordance with the contract. The landlord can request to terminate the lease and recover the arrears and the breach of contract penalty, and also highlight the risks of illegal evi...

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23 2026-10

How much compensation can the seller of a second-hand house get if they breach the contract and decide not to sell it anymore?

The lawyer explained the claim path for the seller's breach of contract and refusal to sell: the buyer can request the seller to continue to perform the contract or rescind the contract and compensate for the housing price difference and other possible benefits. The agreed penalty shall be calculated according to the contract, and the lawyer also pointed out the key points of the "one house sold t...

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23 2026-10

How to claim compensation if the second-hand house sale and purchase contract is invalid?

The lawyer explained the claim path after the invalidation of the second-hand house purchase contract: According to Article 157 of the Civil Code, the buyer shall return the paid money and interest and compensate for the loss of reliance interests. The court shall determine the liability according to the fault, and remind the buyer of the risks of purchasing the house under another person's name a...

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23 2026-10

The seller has changed his mind and refuses to transfer the ownership. Can I sue to force the transfer of ownership?

The lawyer explained that when the seller regrets and refuses to transfer the ownership, if the house meets the conditions, the buyer can sue to force the transfer of ownership. Otherwise, the contract can be terminated, and the buyer can request a refund and claim compensation. The lawyer also reminded the buyer to check the property records and fix the evidence.

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23 2026-10

What are the requirements for applying for a forced transfer of ownership?

The lawyer explained the conditions for applying for forced transfer of ownership: the contract must be valid, the purchase price must have been paid, the house must not have been sealed up or sold to a bona fide third party, and the seller must not refuse to cooperate without a valid reason. Otherwise, the contract can only be terminated and compensation must be paid.

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23 2026-10

Is the Consumer Protection Law applicable to disputes over the sale and purchase of second-hand houses?

The lawyer explained that the Consumer Protection Law generally does not apply to second-hand housing transactions involving natural persons, but it can be applied to fraudulent intermediary services provided by real estate agencies. The lawyer also advised that buyers and sellers should distinguish between the transaction relationship and the intermediary relationship when asserting their rights.

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23 2026-10

What should I do if the seller refuses to sell the second-hand house after I've paid the down payment?

The lawyer explained the handling of the situation where the seller refuses to sell after the buyer has paid the down payment: The buyer can request the seller to proceed with the transfer of ownership or terminate the contract, refund the down payment, and claim the price difference. The key factor is whether the house has been sealed up or sold to another buyer. The lawyer also advised the buyer...

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23 2026-10

How to handle a deposit dispute over a second-hand house by hiring a lawyer?

The lawyer explained the handling of the down payment disputes in second-hand housing transactions: If the seller breaches the contract, the buyer can claim a double refund of the down payment; if the buyer breaches the contract, the down payment will generally not be refunded. However, if the breach of contract is due to unavoidable factors such as policies, the down payment may be refunded. The ...

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22 2026-10

When receiving the house, if I find quality issues, can I refuse to accept it?

The lawyer explained that if there are quality issues with the house upon delivery, the buyer can refuse to accept it if the main structure is unqualified or seriously affects the living conditions. For general defects, the buyer should request repair and compensation. The buyer can also refuse to accept the house if the acceptance and registration procedures have not been completed.

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22 2026-10

If the seller breaches the contract and refuses to sell the house, can I recover the portion of the house value that has increased?

The lawyer explained that if the seller breaches the contract and refuses to sell the house, the buyer can claim compensation for the loss of potential profits due to the increase in housing prices. However, the buyer needs to provide evidence of the price increase and their own performance of the contract. If the house has been resold, the buyer should adjust their claim to focus on the differenc...

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22 2026-10

Who are included in the scope of supporting relatives?

The lawyer explained that the scope of dependents to be supported is determined in accordance with the "Regulations on the Scope of Dependents to Be Supported by Workers Who Die on the Job", which includes spouses, children, parents, etc. The determination of their eligibility requires considering factors such as their age, work ability, and main sources of livelihood.

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22 2026-10

Who is eligible to receive the dependent survivor's pension?

The lawyer explained that the dependents' pensions are received by the deceased worker's close relatives who were their main source of livelihood during their lifetime and who are unable to work. The spouse receives 40%, the other relatives receive 30%, and widows/widowers receive an additional 10%.

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