What is the name of buying a house?
The so-called real-name house purchase refers to a contractual relationship in which one party agrees to buy a house in the name of others and register the house in the name of others, so that the celebrity can actually enjoy the rights and interests of the house.
What are the risks of buying a house with a real name?
1. The registrant denied borrowing this name.
The first risk is that if the registered party goes back on its word, the actual investor may not get the property.
We know that, generally speaking, the ownership of the house belongs to whose name is on the real estate license, so we pay for it ourselves, but the registration of property rights is handled in someone else's name, which may make our own bamboo baskets empty.
Of course, this is not absolute. If we can produce strong evidence that both parties have agreed to buy the house under our name, we can buy the house at our own expense and fight for the ownership of the house.
However, under the guise of buying a house, the two sides are often acquaintances, and there is only an oral agreement, and it is not necessary to sign a written agreement. Later, once the dispute was over, it was difficult to prove the fact of buying a house under the guise.
2. The registered party sells the property.
Even if the fact of buying a house under the name can be proved, Article 9 of the Property Law stipulates that the establishment, alteration, transfer and extinction of the real right of real estate shall take effect after being registered according to law. That is to say, even if the law recognizes the fact of borrowing the name, if the registrant refuses to cooperate with the property right change, as long as the real estate license is not his own name, the borrower cannot obtain the ownership of the house. At this time, the nominal owner of the house sold the house, and it was very difficult to take it back by a celebrity.
Case:
Xiao Wang bought a house in the name of Xiao Zhang. Xiao Zhang sold the house to Xiao Xie through an intermediary, so Xiao Wang sued the court and wanted to get the house back. Xiao Wang provided very detailed evidence to convince the court that there was a contractual relationship between him and Xiao Zhang under the pretext of buying a house.
However, the property right of the house is registered in Xiao Zhang's name after all. Xiao Zhang sold the house to Xiao Xie, and the house sales contract between them was legal and valid. Xiao Xie didn't know the fact that this house was bought under the pretext of buying a house, and it was bought at a reasonable price and obtained in good faith. Legally speaking, Xiao Wang's right to the house cannot be opposed to a bona fide third party, so the court finally ruled that the house belongs to Xiao Xie.
3. Suspected of defrauding housing security.
If the house belongs to affordable housing and the investor is not qualified to buy a house, then even if the right registrant recognizes the fact that both parties buy a house under their names, it cannot be transferred to the actual investor. However, due to the particularity of the policy, buying a house under the name may also be regarded as cheating on the affordable housing, leading to the loss of eligibility for the affordable housing in the future.
To sum up, the risk of buying a house with a real name can be said to be not small. To put it another way, under the policy background of real estate regulation, the index of buying a house is limited, and buying a house in the name of others will also bring a lot of trouble to others.
Source: Network