1. This agreement is valid between you only during the time when the property cannot be bought or sold according to regulations.
2. It is recommended to ask a lawyer to witness or notarize (but notarization may not be handled because it is not clear that the house is allowed to buy and sell. If you give a resettlement house with a complete property right certificate, you should not limit the purchase within 5 years. If it is affordable housing, the sales agreement within 5 years may be invalid).
3. The agency only proves the contents of the agreement between you. The intermediary only witnesses, so it is better to find a lawyer to witness.
1. Transfer of commercial loan to your name: it belongs to debt transfer, and requires the consent of the creditor, that is, the lending bank. The loan bank agrees on the condition that you and your relatives apply and the bank confirms that you have repayment ability.
2. "Can a commercial loan be transferred to someone else's name, that is, he can make a loan and then transfer it to my name for repayment?" Under normal circumstances, few mortgage banks are willing to pay for it.
3. "If there is any legal justice in the whole process, because this is a private transaction, the house must be my relative's name after you get it, not mine": If you just mean to transfer the loan to your name, there is no need for notarization, as long as you and your relatives apply to the bank for transfer to your name and you repay, the bank will confirm that you have the repayment ability and agree to transfer it to you.
In addition, this matter is not only a question of transferring the loan to your name, but also a question of when the property right of the house can be transferred to your name:
(1) When you first buy a house, you must apply for a real estate license in the name of a relative, and the mortgage issued by the bank is generally based on this house as a mortgage. Before paying off the bank loan, the bank will not agree to transfer the property to your name, even if you voluntarily repay the loan for your relatives;
(2) If the property cannot be transferred to your name for one day, the house will not be yours legally. If your relatives go back on their word, the ownership of the house will become a dispute.
5. Recommendations:
(1) If you give your relative 300,000 yuan in cash, loan or loan in the name of your relative, it is only agreed that you will help him repay it, that is to say, your repayment loan will be handed over to the bank in the name of your relative, but you should pay attention to keeping relevant evidence of each repayment and writing an agreement with your relative.
(2) In the agreement, it is clear that your relatives will sell the house to you, and the down payment will be borne by you, and all the money for mortgage repayment will be provided by you, and the house will be transferred to you when it can be transferred (if the resettlement house does not have a limited transfer period, the bank can agree to transfer the house without repaying the loan in the future, and you can transfer the house as soon as possible, the sooner the better). And notarize this agreement and keep the evidence of your down payment and repayment.
(3) In fact, at the stage of signing the contract, someone negotiated with the developer to sign your name. In the future, the real estate license can also directly handle your name. As long as there are certain interests, developers can operate. You can try it with the developer.