Under the influence of policies and regulations such as real estate control policies and loan approval conditions, many unqualified or loan-difficult buyers will find another way to buy houses in the name of others. But behind the pretext of buying a house, there is a huge legal risk:
Mr. Li wants to borrow money from a friend to buy a suite. What should he do to ensure that there will be no disputes in the future?
In response to the above questions, the lawyer answered: you can sign an agreement with your friend, indicating that you have invested in the house, just borrowing his name, and at the same time, you must put the real estate license in your own hands. In addition, you can sign a mortgage contract with your friend to mortgage your house and register it to prevent him from selling it. But these can't put an end to possible disputes in the future, so you must be careful.
Buying a house in the name of others needs to be aware of these legal risks.
First of all, the nominal property owner reneged on his word.
If the nominal property owner (the person who borrows the name to buy a house, but not the actual purchaser) repents, and the investor cannot fully prove the principal-agent 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.
Second, the bank loan contract was terminated early.
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.
Three, the nominal property owner into debt and other disputes.
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.
Fourth, 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.
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 the law or national policies, which belongs to the situation that the contract in violation of the law or covering up the illegal purpose in a legal form is invalid in the contract law. Even if both parties sign such a written agreement and apply to the notary office for notarization, the notary office will not accept it.
VI. Transfer of taxes and fees
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.
Important! Important! Important! How to avoid the risk of "buying a house under the name" as much as possible?
First of all, find out the nature of the house purchased.
If the house you want to buy is a house with policy restrictions on trading conditions, such as demolition house, resettlement house and affordable house, it is best not to buy it, so as to avoid disputes and leave the house vacant.
Two, the signing of the "housing contract" needs to specify who owns the house and clarify the rights and obligations of both parties.
People who buy a house in the name of borrowing money are generally actual investors. Therefore, in the contract of buying a house in the name of loan, special clauses such as "the house is purchased by both parties in the name of Party A through negotiation, and the house is purchased by Party B, and the ownership of the house belongs to Party B, which has nothing to do with Party A" should be indicated to prevent the hidden trouble from being buried for future disputes due to unclear ownership of the house.
Three, in the name of the buyer control procurement procedures and materials, keep enough evidence.
Passbooks, purchase invoices and other original investment vouchers must be properly kept. In this way, once the nominal property owner reneges on the agreement of the house purchase contract under the name of borrowing, the borrowing buyer can rely on sufficient evidence to prove that the house was bought under the name of borrowing, and the actual property right belongs to the borrowing buyer.
Fourth, stipulate strict liability for breach of contract.
In order to prevent the nominal property owner from transferring or mortgaging the house to a third party in violation of the nominal purchase contract, it is best to stipulate in the nominal purchase contract that the registered purchaser shall not transfer the house, postpone the transfer of the house, sell the house to a third party, etc. If this kind of breach of contract occurs, it is necessary to bear the corresponding liability for breach of contract. This provides a relatively adequate legal guarantee for both parties to strictly fulfill the contract of buying a house in the name of borrowing money.
(The above answers were published on 20 16-03-0 1. Please refer to the actual situation for the current purchase policy. )
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