The name of the buyer in the contract for the sale and purchase of commercial housing

If a husband and wife buy a house and the buyer has only one of the names, the joint ownership of the property by the husband and wife has no effect, that is, no matter who the property owner is, the property is jointly owned by the husband and wife according to the new marriage law.

If you are not married, if you buy a house together and there is only one owner, the other person has nothing to do with the ownership of the house.

I'm not an expert, but I know a little. Buying a house after marriage should be the property of both parties. If unfortunately divorced. It is possible to mediate privately. Or go to court. The result is an auction of the house. And then half the money for one person.

Your house was bought after marriage and is joint property, and even if it does not have your partner's name, the ownership is half that of your partner.

If a husband and wife buy a house during marriage, although the name of the buyer is only on the text of the purchase contract, there is no impact on the joint ownership of the property by the husband and wife. (Unless otherwise agreed between husband and wife).

Married people who buy a house are joint property. Co-own a home and repay the loan together. There is no impact.

The Marriage Law stipulates that if a person buys a house after marriage, even if the registered head of the household is the name of one of the parties, it is recognized as the joint property of the husband and wife.

So the house is your joint property.

The main thing to pay attention to is: the time when the purchase of the house is acquired.

As for your colleague's question, it belongs to the pre-marital co-ownership certificate, and the two people jointly own the property, and each half is half in the absence of an agreed proportion.

Legal Analysis: The buyer is the buyer. In layman's terms, a buyer is a person who pays for and receives immovable or movable property. The buyer corresponds to the seller, i.e., the seller.

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

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

The buyer in the housing contract is the party who buys the house. To put it simply, the seller and the buyer are what we usually call the buyer and the buyer, the seller is the seller, and the buyer is the buyer. Transferring ownership of the subject matter and delivering the subject matter is the primary obligation of the seller and the most important contractual purpose of the sales contract.

The delivery of the subject matter can be divided into actual delivery and conceptual delivery. If the subject matter delivered by the seller is defective in rights and cannot be completely transferred to the buyer, the buyer has the right to demand a reduction in the price or rescindation of the contract. If, in the event of failure to pay the price, the buyer has conclusive evidence that a third party may claim rights in the subject matter, the buyer has the right to suspend payment of the corresponding price, unless the seller provides appropriate security.

1. What are the main obligations of the buyer.

1.Pay the price. The price is the consideration for the buyer to acquire ownership of the subject matter.

Payment of the price to the seller in accordance with the contract is the main obligation of the buyer. The buyer shall pay the price in the amount, time and place agreed in the contract, and shall not violate the law, public order and good morals. If there is no agreement in the contract or the agreement is unclear, it shall be determined in accordance with the provisions of the law and with reference to the transaction practice.

2.Receiving the subject matter. The buyer has the obligation to receive the subject matter and its related rights and documents delivered by the seller in a timely manner.

3.Obligation to inspect the subject matter and notify it. After receiving the subject matter, the buyer shall, as soon as possible within the time limit agreed by the parties or within the statutory time limit, inspect the subject matter in accordance with the usual procedures.

If a defect is discovered for which the seller is liable for insurance, it shall properly keep the subject matter and notify the seller of the defect immediately.

Obviously, the obligations of the seller and the buyer are different in the sale and purchase contract. It can be said that the obligations of the seller correspond essentially to the rights of the buyer, and conversely, the obligations of the buyer also correspond to the rights of the seller. The obligations in the contract are those that the parties should abide by and strictly enforce, otherwise they will bear the corresponding legal liability.

Principal obligations of the seller.

1.Delivery of the subject matter.

Delivery of the subject matter is the seller's primary obligation and the most important contractual purpose of the sales contract. The delivery of the subject matter can be divided into actual delivery and conceptual delivery. The actual delivery is the actual possession of the buyer in the goods that are indicators; Conceptual delivery includes the assignment of the right to claim restitution, modification of possession and summary delivery.

2.Transfer ownership of the subject matter.

The purpose of the sales contract is to transfer the ownership of the subject matter, so the seller has the obligation to transfer the ownership of the subject matter to the buyer. In order to ensure that the seller can transfer ownership of the subject matter to the buyer, the subject matter sold by the seller shall belong to the seller or the seller shall have the right to dispose of it; Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

Under normal circumstances, the ownership of the subject matter is transferred by the delivery of the subject matter. However, in the case of movable and immovable property that are specifically provided for by law, the seller shall assist the buyer in completing the relevant transfer procedures such as the registration of the transfer of ownership and deliver the relevant property right certificate to the buyer in accordance with the agreement.

Summary. Hello pro It is not the owner who buys and sells the house, but the owner of the house, the house cannot be transferred, and the owner must be found and discussed with the owner to handle the transfer together, so as to really transfer the property rights of the house. If you really can't find the owner of the house, and you can't easily trust others to handle the transfer, you should file a lawsuit with the court to ask the owner to fulfill his obligations and handle the transfer together.

In addition, the two parties must sign a contract, which will be reviewed by the relevant institutions recognized by the Real Estate Bureau, and the transfer can only be handled after the review is passed.

Hello pro buying and selling the house is not the owner of the house to disturb the side of Tong, that is, the owner of the house, the house can not be transferred, you must find the owner, and discuss with the owner to handle the transfer, in order to really transfer the right to slow down the property. If you really can't find the owner of the house, and you can't easily trust others to handle the transfer, you should file a lawsuit with the court to ask the owner to fulfill his obligations and handle the transfer together. In addition, the two parties must sign a contract, which will be reviewed by the relevant institutions recognized by the Real Estate Bureau, and the transfer can only be handled after the review is passed.

Property Purchase Deposit Agreement: The seller is not the owner Whether the contract is valid.

If you are not the owner and the owner does not authorize, then the contract is null and void.

When the owner of Shansen Shanran has authorized it, that is, if he authorizes others to entrust and sign, then this kind of situation is valid, and he makes a determination according to whether he is authorized to do so.

We are the sellers.

Whether the liability for breach of contract is valid.

If you're a seller, that means you didn't sign it yourself.

As long as you do not sign or entrust him, then this kind of breach of contract liability is invalid, and there is no breach of contract.

Signed. If you have already signed, it depends on the content you actually signed and how the purchase agreement is agreed.

It is not the homeowner who is signing.

So has this been commissioned? Have you ever been commissioned by a homeowner?

There is no entrustment agreement signed but the homeowner is aware.

If the homeowner is on duty and the homeowner has the authorization of the source of caution, for example, if he has the act of informing him to help sign the smile, this can also be recognized, if not, it can be determined to be invalid.

The seller in the contract for the sale and purchase of commercial housing refers to a person who purchases the commercial housing through the buyer for his own use, obtains profits through the sale of real estate, or obtains profits through timely transfer when the value of the commercial housing appreciates, or exercises relevant ownership or usufructuary rights to obtain benefits.

The seller refers to the house that has the right to own the property in accordance with the law** or transfer, and is generally the legal seller of the house.

1. The rights and obligations assumed by the seller in the purchase of the house.

When the sales contract is concluded, the seller shall transfer the ownership of the subject matter as agreed in the contract, and the seller shall perform the following obligations:

1.If the buyer and the seller reach an agreement through negotiation and agreement on the delivery of the subject matter and the transfer of ownership of the subject matter, after the buyer has paid the price, the seller shall transfer the ownership of the subject matter to the buyer, so that the buyer not only actually obtains the subject matter, but also actually obtains the ownership of the subject matter, and if there is no agreement on the method of transfer of the subject matter in the sales contract or the agreement is not clear, it shall be handled in the manner provided for in articles 510 and 511 of the Civil Code.

2.Ensure that the subject matter is flawless. It is pointed out that the ownership of the subject matter delivered by the seller will not be recourse by a third party for any reason before the sale, and if the buyer suffers losses due to the right of recourse of the subject matter of the subject matter due to the third party's right of recourse, the seller shall bear civil liability.

3.Ensure that the subject matter is delivered in accordance with the quantity and quality agreed in the contract. If the buyer pays the seller currency according to the agreed price, which is determined by multiplying the unit price by the quantity, and the seller receives the price of the quantity, it must deliver the subject matter in the quantity agreed in the contract. The unit price of the subject matter is the monetary value of the quantity of the subject matter, and the quality requirements agreed in the contract are the guarantee to ensure that the seller obtains profits, and the seller shall deliver the subject matter in accordance with the quality agreed in the contract, and shall not deliver the subject matter at a lower quality level, and the legal consequences arising from the delivery of the subject matter not conforming to the agreed quality shall be borne by the seller.

4.Deliver the subject matter within the agreed period, place and manner. In the absence of force majeure, the seller shall deliver the subject matter on time, and if the seller has a situation that is not foreseen in advance but is not a force majeure and needs to postpone the delivery of the subject matter, the buyer's consent shall be obtained in advance, otherwise the seller shall bear the liability for breach of contract.

Legal analysis: The buyer, also known as the buyer, is the person who agrees to pay the price in the sales contract.

Legal basis: Civil Code of the People's Republic of China Article 626 The buyer shall pay the price in accordance with the agreed amount and payment method. Where there is no agreement on the amount of the consideration and the method of payment, or the agreement is not clear, the provisions of Article 510 and Article 511 of this Law shall apply.