How do you write a contract to buy a house in someone else s name?

Go to the notary office to make a notarization of entrustment, indicating when the transfer of ownership will be made, etc. This is not recommended for the following reasons:

Legal risks of borrowing a name (borrowing another person's name) to buy a house:

1. If the nominal property owner does not admit it later, and the real contributor cannot prove that there is a trust relationship between the two parties and the fact that he has really contributed capital, it is difficult to get back the property or recover the purchase price.

2. If the nominal property owner has debts outside, its creditors can request the seizure of the property and request the auction, and it is difficult to protect the rights and interests of the real investors.

3. If the nominal property owner dies unexpectedly, his heirs can inherit the property.

4. If the bank finally finds out that the actual buyer and the borrower are not the same person, it can also terminate the contract in advance according to the relevant loan contract.

5. If the nominal property owner secretly ** the property, the purchaser (third party) purchased the property based on the trust in the real estate registration, and the real contributor to the buyer will not be able to recover the property in the future, and if the nominal property owner will squander or roll away the sale money, the real contributor may be empty.

In short: since the person on the real estate certificate is first presumed to be the property owner, as the actual funder to overturn this presumption in law, there must be sufficient evidence to prove that the two parties are in a trusting relationship, and at the same time, they must also provide that they are the real contributors.

Hello! According to you, in order to better protect your legitimate rights and interests, it is recommended to consult a local lawyer before writing a contract or directly entrust a lawyer to draft a contract. If you agree with this answer, please click and thank you! If you have any questions, please continue to ask.

Legal analysis: If you buy a house in the name of someone else, you must sign an entrustment purchase agreement, which should clearly explain the payer of the purchase price, who is the actual owner of the house, if there is a loan, who is the repayer, and how to distribute the rights and interests of the value-added part of the house.

It is very risky to buy a house in someone else's name, and most of the nominal buying is carried out between acquaintances, and it is often closely related, so the transfer is not timely. However, with the continuous development of the house, the thing of "forgetting the righteousness of profit" happens from time to time, and the buyers who invest in the house often suffer dumb losses.

Buying a house in the name must be transferred as soon as possible, and only after the transfer is completed can the property rights be ensured. Before buying a house, it is best to go to a law firm, and the funder must sign an agreement with the person who is named, so that in the event of a dispute in the future, there will be a certificate.

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 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

The agreement to buy a house in someone else's name is written like this:

1. The house is purchased by Party A with full contribution, and Party A is always the actual owner of the house.

2. Party B agrees that all documents such as the purchase contract and the original house ownership certificate and invoices shall be held and kept by Party A.

3. Party B shall abide by good faith, and the house purchased by Party A shall not infringe on the interests of Party A when it is in its name.

4. In the event of a dispute, it shall be settled through friendly negotiation. If the negotiation fails, either party has the right to file a lawsuit with the people's court where Party A is located.

5. This Agreement shall be executed in duplicate, one copy for each Party A and Party B, and shall come into force after both parties sign it.

The purpose of signing a contract agreement includes supplementing and improving the specific conditions of the contract, improving the unclear terms, interpreting the specific terms, determining the legal rights and obligations of the parties to the contract, and using it as the basis for determining the validity of the contract. The purpose of the contract is to achieve the desired thing or state through the conclusion and performance of the contract.

If one of the parties delays the performance of its obligations or commits other breach of contract, resulting in the inability to achieve the purpose of the contract, the other party may terminate the contract.

Legal basis

Notice of the Beijing Municipal High People's Court on Printing and Distributing the "Guiding Opinions of the Beijing Municipal High People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Housing Sales Contracts (for Trial Implementation)".

Article 15: Where the parties agree that one party purchases a house in the name of another person and registers the house in the name of another person, and the borrower actually enjoys the rights and interests of the house, and the borrower requests the registrant (the borrower) to handle the registration of the transfer of ownership of the house in accordance with the contract, it may be supported. However, the house cannot be registered for transfer due to the seizure by the creditor of the registrant or other reasons in accordance with the law, or the interests of a third party involved in a bona fide transaction.

Where one of the parties provides evidence to prove that there is indeed a capital contribution relationship in the purchase of the house, but it is insufficient to prove that there is an agreement between the parties to register in the borrowed name, and its claim to confirm the ownership of the house or require the registrant to register the transfer of ownership of the house shall not be supported; If it separately claims the creditor's right of capital contribution from the registrant, it shall be handled in accordance with the relevant laws and regulations according to the nature of the capital contribution.

Legal analysis: If you buy a house in the name of someone else, you must sign an entrustment purchase agreement, which should clearly explain the payer of the purchase price, who is the actual owner of the house, if there is a loan, who is the repayer, and how to distribute the rights and interests of the value-added part of the house.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Civil Code of the People's Republic of China

Article 463:This Part regulates civil relations arising from contracts.

Article 464:A contract is an agreement between civil entities to establish, modify, or terminate a civil legal relationship.

Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 466:Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

Article 467:For contracts that are not expressly provided for in this Part or other laws, the provisions of the General Provisions of this Part shall apply, and the provisions of the most similar contracts in this Part or other laws may be applied by reference.

The laws of the People's Republic of China shall apply to Sino-foreign joint venture contracts, Sino-foreign cooperative joint venture contracts, and Sino-foreign cooperative exploration and development contracts for natural resources performed within the territory of the People's Republic of China.

Article 468:Where a creditor's rights and debts relationship does not arise from a contract, the legal provisions on such creditor's rights and debts shall apply; Where there are no provisions, the relevant provisions of the General Provisions of this Part shall apply, except where they cannot be applied on the basis of their nature.