Houses are real estate, and the value is generally high. For minors who do not have full capacity for civil conduct, selling houses is obviously incompatible with their age and intelligence. Therefore, minors need to obtain the consent of their legal representatives or purchase by their legal representatives when buying a house.
It should be noted that not all minors can buy and sell houses alone. According to the laws of our country, people between the ages of 16 and 18 whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct. This kind of minor's house purchase behavior is effective, and he can conduct house transactions with other minors alone.
Therefore, there are three situations in which minors can legally buy and sell houses:
Minors aged (1) 16 to 18, with their own income as their main source of livelihood, can buy houses independently and sign and perform real estate sales contracts with others.
(2) Minors may sign real estate sales contracts with others with the consent of their legal representatives.
(3) The guardian fully represents the minors in housing transactions.
In real transactions, the first and second cases are relatively rare. In one case, it is difficult for the seller to judge whether the minors who buy a house take their own income as their main source of livelihood. Therefore, for the sake of transaction safety, the lawyer does not recommend the seller to sell the house to minors aged 16 to 18. In the second case, it seems that due to the uncertainty of the legal effect of transactions, transactions rarely occur in order to avoid risks. Therefore, the most common form for minors to buy a house is the legal agent to buy and sell a house.
Second, the procedures for minors to purchase houses
Guardians of minors buy houses on behalf of minors. Generally speaking, it is not necessary for minors to attend in person. The guardian can complete the whole process of buying a house through an agent. And the different payment methods of house purchase have great influence on the formalities and procedures of house purchase.
(1) If one-time payment is selected, the guardian is only the agent.
There is basically no difference between the procedure for guardians to buy second-hand houses for minors through one-time payment and the ordinary purchase procedure. The difference is:
1. When signing a real estate sales contract, the name of the buyer should be filled in as the name of the minor, and the legal representative is the name of the guardian (usually the parents, unless one party dies or has no guardianship, it must be signed by the parents).
2. When handling the transaction transfer, you need to submit the guardianship certificate, usually the birth certificate or one-child certificate of the minor and the guardian's ID card. If the guardian is one person, a notarized guardian certificate is required to prove the sole guardian qualification.
3. The general purchase contract and real estate title certificate not only record the name of the owner of the house, that is, the minor, but also record the name of the guardian of the minor, but the guardian does not enjoy the ownership of the house.
(2) If mortgage loan is selected, the guardian must be the same purchaser.
Because the borrower of mortgage loan needs to pay back to the bank regularly, and the minor has no fixed income, the bank thinks that he does not have the qualification and ability to apply for mortgage loan, and will not agree to the minor's mortgage loan application, but the guardian will generally agree, but the problem is that it is not the guardian's property that is mortgaged, but the minor's property, which will also increase the risk for the bank. In practice, banks require guardians and minors to be buyers before they can apply for mortgage loans for minors.
Because minors do not have full capacity for civil conduct and have no economic income at the same time, in fact, many times their guardians sign the purchase contract, and at the same time, the guardians pay the house price on their behalf.