First, is it legal to buy a house under your name?
Buying a house under one's name is generally legal. As long as it does not violate the mandatory provisions of Chinese laws and regulations, does not maliciously collude to harm the legitimate rights and interests of the state, the collective and others, and does not infringe on the public interests, it is legal.
Second, what are the possible risks of buying a house with a real name?
1, the nominal property owner repented. If the nominal property owner (the person who borrowed the name to buy a house, but not the actual purchaser) reneges, and the investor can't fully prove the entrustment relationship between the two parties and the fact of paying the house purchase price, it will be very difficult to obtain the house property right or recover the house purchase price.
2. The bank loan contract is terminated in advance. If the bank finds that the actual purchaser and the lender are not the same person, it can also terminate the contract in advance according to the relevant provisions of the loan contract. Once the loan is not available, it may be difficult to buy a house.
3. The nominal property owner sells the house privately. If the nominal owner of the property fails to keep good faith and sells the property privately, and the buyer (the third party) buys the property based on the trust in the property registration, then the real investor may not be able to recover the property.
4. The nominal property owner is involved in disputes such as debts. During the period from the time when the nominal property owner receives the property right certificate to the time when the property right is transferred to the investor, there is a case where the nominal property owner has debts to others that cannot be paid off due to maturity, or there is a divorce dispute, and the property is likely to be sealed up or auctioned. There is also a situation in which an accident happens to the nominal property owner in the middle, which is likely to lead to inheritance disputes. In this case, it is difficult for investors to get the house, and they can only ask the other party to return the house payment and liquidated damages, and cannot ask them to continue to perform the contract and obtain the real estate.
5. The house purchase contract by name is invalid. If the house purchased under the guise of buying a house is a special house such as affordable housing, it is generally considered that the purchase contract under the guise of buying a house is invalid. Its legal basis is that the parties have maliciously evaded laws or national policies, which belongs to the situation of invalid contracts in the civil code that violate legal provisions or cover up illegal purposes in a legal form. Even if both parties sign such a written agreement and apply to the notary office for notarization, the notary office will not accept it.
6. Taxes and fees arising from the transfer. Even if the nominal property owner does not have any breach of contract or breach of good faith, then the house transfer registration under the name of the nominal property owner will also bear the corresponding taxes and fees.
All of the above are about whether it is legal to buy a house with a real name, and what risks may exist in buying a house with a real name. I hope I can help you understand the relevant knowledge of real-name housing. Please continue to pay attention to more decoration knowledge, decoration company evaluation and decoration cases.