SB Law has participated in protecting the legitimate rights and interests of Ms. L - the Defendant in the civil case “Dispute over deposit contract” with the plaintiff Mr. T. The case was accepted and adjudicated by the People's Court of District X, Ho Chi Minh City under the first-instance procedure.
On August 10, 2018, Mr. T and Ms. L signed a Deposit contract to ensure the transfer of a part of real estate in District X, Ho Chi Minh City. The Deposit contract stipulates the transfer value and payment terms for each installment, but does not clarify the status of the land agreed to be transferred and the handling mechanisms upon termination of the contract.
During the implementation of the contract, the parties encountered difficulties due to legal procedures related to land use purpose change and land subdivision. These obstacles arose from the complex of the land origin and the application of legal regulations to determine related financial obligations. This leads to the parties being unable to sign an official transfer contract on time. However, the parties did not subsequently have any agreement to amend the contract regarding the extension of the performance period or termination of the contract.
By the end of 2022, Mr. T filed a lawsuit requesting Ms. L to continue performing the contract because he believed that Ms. L intentionally failed to fulfill her financial obligations to the state agency, leading to the procedure of changing the land use purpose and subdividing the land being unable to be performed. During the process of resolving the case, Mr. T changed his lawsuit request, requested to terminate the contract and requested a refund of the deposit and interest accrued from the time Mr. T paid the deposit to Ms. L.
In light of the above situation, SB Law, at the request of the Client, assigned a team of experienced lawyers and legal experts to examine the case file. During the preparation phase, SB Law conducted extensive analysis and evaluation of the relevant legal documents, identifying strengths and weaknesses in the arguments of both parties to the dispute. At the same time, SB Law provided detailed advice to the Client on feasible dispute resolution options, including negotiation, mediation, or agreeing to terminate the contract in the most favorable way.
Throughout the negotiation process, SB Law actively represented the Client in discussions with Mr. T, proposing to reach consensus and resolve the dispute in good faith. At the same time, SB Law also guided the Client to collect additional necessary evidence, ensuring the legality and completeness of documents and evidence to support the protection of the Client's rights in court.
As no agreement was reached, the case proceeded to trial on December 26, 2024. At the trial, SB Law's lawyers presented their defense views, provided sufficient evidence and convincing arguments, emphasized that the fault of the parties' inability to sign the transfer contract did not originate from the Client, and at the same time rejected the unreasonable requests from the Plaintiff, in order to best protect the Client's rights and interests according to the law.
With dedication, responsibility and professionalism, Lawyer Ngo Thanh Hung, Legal Expert Nguyen Thi Thanh and other members of SB Law were responsible for researching the case and accompanying the Client throughout the process of resolving the case. Each stage of the proceedings was carried out with care, compliance with the law, and a focus on safeguarding the Client’s legitimate rights and interests.
Read more >>Dispute resolution: Litigation
