What are the risks of borrowing a name to buy a house, and what are the risks of borrowing a name to

The main risks of buying a house in a borrowed name are:

The first type can be called a subjective risk, that is, the nominal buyer regrets after signing the contract, resulting in the contract can not be performed, this kind of risk, especially in the case of the contract itself is defective, and the evidence is difficult to prove that the purchase price is actually paid by that party, because the two parties to this type of contract, often have a relationship of relatives and friends, do not pay attention to written materials, but in reality, not only friends, even siblings and brothers turn against each other, once involved in litigation, it is difficult for the actual buyer to prove that he is the actual payer, in such a caseIf the court finds that the contract is invalid, it becomes a problem for the actual buyer to even demand the return of the purchase price from the nominal buyer.

The second type of risk can be called an objective risk, that is, it is not the fault of both parties to the contract, resulting in the failure to perform the contract, because the nominal buyer can not go through the transfer procedures within a certain period of time after receiving the real estate certificate, during this period of time, if the nominal buyer has debts to others and cannot pay off, the property may be seized or even auctioned, in this case, the actual buyer who has paid can only request the return of the purchase price from the nominal buyer, but cannot ask for continued performance of the contract. Therefore, it is generally not advisable to buy in the name of others.

According to China's real estate registration system, the real estate should be issued by the real estate management authority to the "real estate property right certificate", and the registration of the property right of the house is whose real estate is whose real estate, and the agreed agreement on the ownership of the real estate signed by the individual privately cannot oppose the registered real estate ownership certificate. Although there is a family bond between siblings, if the younger sister is unable to repay the debt in the future, the property may be seized or auctioned. In addition, if there is a divorce dispute between the sister and the brother-in-law, the property will be divided as joint property.

To put it simply, if there is a dispute over the ownership of the property, the name on the real estate certificate shall prevail. Therefore, the risk of buying a house in a borrowed name is still very high.

"Borrowing a name to buy a house", as the name suggests, refers to the actual funder of the house borrowing the name of another person to buy a house, and registering the ownership of the house in the name of the nominee, but stipulating that the actual funder enjoys the rights and interests of the house. In practice, it is common to refer to the actual funder as a "borrower" and the registered owner of the house as a "borrower". Due to the inconsistency between the actual funder and the registered owner of the house, it is not uncommon for disputes arise between the borrower, the lender and the counterparty after the act of borrowing a name to buy a house.

There are three main situations in which a celebrity buys a house with financial contributions, but the house is registered in someone else's name:

1. Do not have the qualifications to buy a certain type of house or are restricted by the housing purchase restriction policy, so they borrow the identity of others to buy a house. This is the most common situation of borrowing a name to buy a house, accounting for more than 90% of the total number of cases of borrowing a name to buy a house.

2. For the purpose of transferring property or escaping debts.

3. In order to save the transfer costs that may occur in the future, parents usually register the house they have purchased with their own funds in the name of their children. In the event of a dispute, the remedy path chosen by the borrower based on his understanding of the legal relationship has a great impact on the protection of his or her own rights and interests. Improper selection of litigation claims may lead to lack of support from the court, prolong the litigation time, and increase the cost of rights protection.

In order to avoid the parties from increasing the burden of litigation, the following two suggestions are put forward:

1. Circumstances in which a celebrity takes the initiative to sue. In the relationship of borrowing a name to purchase a house, the ownership of the house is registered in the name of the borrower, and the borrower does not have ownership of the house, but only has contractual rights to the borrower, that is, the creditor's right to require the seller to transfer the house to his own name. Therefore, the borrower should not directly sue for confirmation of the ownership of the house, but should request the borrower to assist in the transfer of ownership on the basis of the purchase contract in the borrowed name.

If the borrower still requests confirmation of ownership of the house after being explained by the court, the court will dismiss his claim.

2. The circumstances of the celebrity suing the person. When the borrower requests the borrower to return the house on the grounds that he is the owner, the borrower may use the existence of a contract for the purchase of the house in the borrowed name of both parties as a defense, or may file a counterclaim to request the registration of the transfer of ownership of the house, and the court will hear the case together in the same case, which can save the borrower's litigation costs. If the borrower can provide sufficient evidence to prove the existence of the borrower's purchase relationship, and the act of borrowing the name is legal and valid, the court will make a judgment to reject the celebrity's claim for vacating the house.

Legal analysis: The risks of buying a house in a borrowed name are: others sell the house without authorization

The property of another person has been seized by the court due to personal legal issues; Someone else mortgages the property; If another person divorces, the property is divided as the joint property of the husband and wife; When another person dies, the property is divided and inherited as an inheritance; There is no written agreement between the parties, and after the price of housing skyrockets, the capital contribution may be recognized as a creditor's right, and the investor will not be able to obtain the property.

Legal basis: Civil Code of the People's Republic of China

Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Article 220 Where the right holder or interested party believes that the matters recorded in the immovable property register are incorrect, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

1. The risk of buying a house in a borrowed name.

In practice, borrowing a name to buy a house may face the following legal risks:

1. If there is a debt in the name of the nominee, the creditor can apply to the court for preservation, seizure and auction of the property;

2. If there is no written agreement between the two parties to purchase the house in the borrowed name, if the borrower cannot prove the fact that there is a borrowed name purchase between the two parties, it is also difficult for the borrower to obtain the ownership of the house or recover the purchase price;

3. If the celebrity dies unexpectedly, the house may be inherited by his heirs;

4. The celebrity may dispose of the house privately, such as privately ** and mortgage;

5. The nominal property owner is divorced, and the real estate is divided as the joint property of the husband and wife.

2. Lawyer's advice.

1. Before buying a house, go to the housing management department to understand the nature of the house you want to buy, whether it can be listed and traded, and whether it can obtain the real estate certificate. It is best not to buy demolition houses, resettlement houses, affordable houses and other properties with policy restrictions on transaction conditions.

2. Sign a written agreement to prove that there is an expression of intent to purchase a house in the borrower's name between the borrower and the borrower (registrant). The agreement should clarify the ownership of the house and clarify the rights and obligations of both parties. If a celebrity disposes of a house without authorization, he must bear serious liability for breach of contract.

3. Keep the evidence when the two parties communicate and sign the borrowed name purchase agreement, such as notarization and recording.

4. Keep the relevant procedures for buying a house, such as the purchase contract, proof of payment (bank transfer records, receipts, etc.), invoices, real estate certificates and other written evidence.

5. Keep the relevant documents of the fees paid during the use of the house to prove that you are the actual occupant of the house. Relevant evidence includes: receipts, invoices, etc. for property fees, water, electricity, gas, etc.

The risks of borrowing a name to buy a house include:

The nominee owner may renege on it. If the nominal property owner repents, and the investor cannot prove the entrustment relationship between the two parties, it will be difficult to obtain the property right or recover the purchase price.

The bank loan contract is terminated early. If the bank finds that the identity information of the actual buyer and the lender is inconsistent, the contract may be terminated early.

The nominee owner is involved in a dispute over debts and other debts. If the nominee owner has outstanding debts due or a divorce dispute, there is a good chance that the house will be seized or auctioned.

The nominal owner sells the house privately. If the nominal owner sells the house without permission, and the buyer buys the house based on trust in the property registration, then there is a high probability that the buyer who actually contributed will not be able to recover the house.

The contract for buying a house in a borrowed name is invalid. If a special house such as affordable housing is purchased by using a borrowed name to buy a house, the borrowed name purchase contract may be deemed invalid.

Article 224 of the Criminal Law of the People's Republic of China.

In any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount involved is huge or there are other serious circumstances of the attack, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property

1) Signing a contract with a fictitious unit or fraudulently using the name of another person;

2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;

4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;

5) Obtaining the property of the other party by other means.

Buying a house in a borrowed name refers to buying a house in the name of another person, which has great legal risks in practice and may face legal risks in litigation.

Buying a house in a borrowed name means that the parties agree that one party will purchase a house in the name of another person and register the house in the name of another person, and the borrower will actually enjoy the rights and interests of the house.

Buying a house in a borrowed name is a contract between the borrower and the registrant. In practice, depending on the nature of the property being purchased, there are different risks.

Legal basis] Article 209 of the Civil Code, the creation, alteration, transfer and extinction of immovable property rights shall take effect after being registered in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

What are the risks of borrowing a name to buy a house:

1. The registrant denies the borrowing of the name.

One of the first risks faced by borrowing a name to buy a house is that if the registered party repents, the actual investor may not be able to get the property. Under normal circumstances, whoever is in the name on the title deed is the owner of the house.

Therefore, if you pay for the purchase by yourself, and the property registration is handled in the name of someone else, there may be a situation where the money and real estate are empty.

Of course, there is a turning point, if you can come up with strong evidence to prove that there is an agreement between the two parties to buy a house in their names, the purchase price is paid by themselves, and the ownership of the house can also be obtained. It is best to have a written agreement, and a verbal agreement is not considered favorable evidence.

2. The bank loan contract is terminated in advance.

If the bank finds out that the actual buyer and the lender are not the same person, it may terminate the contract early in accordance with the relevant provisions in the loan contract. If you can't get a loan, it will be difficult to buy a house.

3. The borrowed celebrity is involved in debt disputes and other factors.

During the period between the time the borrower receives the real estate certificate and the property rights are transferred to the investor, if the borrowed person owes debts to others that cannot be paid off when due or there is a divorce dispute, the property in the name of the borrowed person is likely to be seized or auctioned.

4. The borrowed celebrity buys and sells real estate privately.

In this case, even if the fact of buying a house in a borrowed name can be proved, Article 9 of the Property Law stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with the law. Even if the law recognizes the fact of "borrowing a name to buy a house", if the registrant refuses to cooperate with the change of property rights, as long as the real estate certificate is not in his name, the borrower will not be able to obtain the ownership of the house.

At this time, the nominal owner of the house has sold the house, and it will be very difficult for the borrower to recover it.

5. Taxes and fees arising from the transfer of ownership.

"Even if the borrowed person does not have any breach of contract and breach of good faith, if the house in the name of the borrower is transferred and registered to the real property owner, he must bear the corresponding taxes and fees.

6. Suspected of fraudulently obtaining affordable housing.

If the house purchased is subsidized housing, if the funder does not have the qualifications to purchase the house, even if the rights registrant acknowledges the fact that both parties borrowed their names to purchase the house, it will not be able to transfer the house to the actual funder. If it is due to the particularity of the policy, borrowing a name to buy a house may also be regarded as an act of defrauding affordable housing, and it will lead to the loss of the qualification of both parties to apply for affordable housing in the future.

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