First, the risk of buying a house under one's name
A contract to buy a house in the name of a loan may be confirmed invalid.
Let's tell you a real example of Bian Xiao. Of course, this example is also the most common dispute about buying a house by name: it is clearly agreed that the house was bought by Xiao Ming, and the money was paid by Xiao Ming, but it was bought in the name of Xiao Li. However, seeing the house price rising day by day, Xiao Li cheated, claiming that he bought the house himself and only borrowed Xiao Ming's money, which led to disputes.
Because the real-name buyers often have a special relationship, they are not required to sign a formal contract in black and white, that is, sign a real-name house purchase contract. Therefore, in the absence of black and white proof, if one party repents afterwards, then the other party will be more passive.
It is easy to cause the consequences of both housing and money.
In addition, there is a more common dispute: the holder is in debt and the house is sealed up by his creditors.
Similarly, Xiao Bian also gave an example to illustrate: For example, Xiao Ming trusted Xiao Li very much and registered the house in Xiao Li's name. But I never thought that Xiao Li sold it to Xiao Wang without telling Xiao Ming, or Xiao Li took the house and made a mortgage in the bank without telling Xiao Ming.
Then, under the above circumstances, Xiao Ming is likely to spend all his money. Because according to the relevant regulations, the third party trusts Xiao Li as the owner of the house without fault based on the house registration information, so trading with him or setting a mortgage is protected by law.
That is to say, under the above circumstances, it is impossible for Xiao Ming to return a house. The only way is to claim the liability for breach of contract from Xiao Li according to the loan contract.
Second, what should I pay attention to when buying a house by real name?
If you decide to buy a house under the pretext of knowing the risks of buying a house, Bian Xiao suggests taking the following preventive measures:
1. After the transfer, it is best for the holder to issue a notarized power of attorney with the investor as the trustee, so as to facilitate the actual control of the investor and transfer the house to his designated name at any time. If you are embarrassed to sign a contract with the other party, then you need to leave relevant evidence such as WeChat and recording as much as possible to prove the fact that you borrowed your name.
2. Participate in the whole process of signing a house sales contract with a third person or developer. Try to let the third person or developer know that you are the actual buyer. In the process, leave evidence that can prove that you are the actual buyer.
3. Purchase price, taxes, etc. All the related houses are directly transferred to the other party's account with their own bank cards, and invoices or receipts should be kept. The reason for this is just in case, and it can be used to defend rights in the future.
4. The title certificate shall be kept by yourself. The actual registrant needs the original title certificate of real estate whether buying or selling houses or mortgage registration, so holding the title certificate in his hand is the most effective measure to avoid the above risks.
5. Keep relevant water and electricity bills or decoration vouchers, which can prove that it is your actual user's house. If you plan to rent a house, you need to sign a lease contract with the tenant in your own name.