Is it risky to buy a house under a contract?

The contract is an act of agreement between the parties, and a complete contract must be signed after negotiation, which is legally binding on both parties, and if the contract is modified in order to circumvent certain legal norms or for a certain purpose in the transaction behavior, there must be legal risks or adverse consequences.

The lawyer told the reporter that if someone carries out these acts of terminating the contract and then re-entering into a new contract for the purpose of avoiding taxes and fees, it is suspected of "covering up the illegal purpose in a legal form" and is suspected of violating the law.

For home buyers, changing the sale and purchase contract is very risky. Chen Ruifu, a lawyer at Qilu Law Firm, reminded the public: "Under normal circumstances, most of the homeowners who transfer their new houses use loans to buy houses, and if they want to change the contract, they need to pay off the loan first.

In actual transactions, this money often needs to be paid by new home buyers. Once the money is handed over and the contract name change cannot be successfully completed, it will face the dangerous situation of being empty of both finances and houses. Once a dispute arises in the transaction, it will be difficult for the new home buyer to protect his rights. ”

As long as the developer says that you can change it, but the loan is not necessarily possible, because if the person who sold the house to you has already taken out a loan, you can only make a lump sum payment. Because in general, bank loans can only be repaid in advance if they have been repaid for more than one year.

There is a certain risk, first of all, the developer is not sure that you can directly change the purchase contract, this is a very critical point, related to the property rights of the property, as for the loan problem is relatively not so complicated, if you are the first home, then as long as you have no bad record in the bank, the down payment reaches the minimum 3 layers of requirements, there will be basically no problem, although the speed of lending can be a little slower now, but it will not have any impact on you, the key is whether you can directly change the contract.

There are risks, there are no legal guarantees....

Summary. Legal analysis: second-hand housing to first-hand housing is the market definition, that is, the seller bought the house through the developer before, only signed the purchase contract, has not yet handled the real estate certificate, during this period to resell, the new buyer can directly through the seller in the developer to do the real estate contract name change, directly by the developer unified handling of the real estate certificate, so as to save the high taxes and fees in the process of second-hand housing transactions, but the risk of doing so is still very large, because the seller's identity certificate in the transaction process can be faked, And in cities where online signing is implemented, the chances of this happening are very small.

Hello, "The contract is renamed, as long as it is normal, this round sock holder can be purchased." Contract name change is a form of off-plan property transfer, in which the real estate transaction tax is evaded and the difference in the housing transaction price is earned. Since the property title certificate has not been obtained, the change of name of the contract can also be regarded as invalid under the current real estate transfer regulations, so it is difficult to protect the rights of the buyer and the seller.

Can some second-hand houses be changed to first-hand contracts?

Legal analysis: second-hand housing to first-hand housing is the market definition, that is, the seller bought the house through the developer before, only signed the purchase contract, has not yet handled the real estate certificate, during this period to sell the sale, the new buyer can directly through the seller in the developer to do the real estate contract name change, directly by the developer unified handling of the real estate certificate, hand Zen so as to save the high taxes in the process of second-hand housing transactions, but the risk of doing so is still very large, because the seller's identity certificate in the process of the transaction can be faked, Moreover, in the milling cities that implement online signing, the probability of this situation being achieved is very small. Blind potatoes open.

The contract can be changed under the following circumstances: after the conclusion of the house sale contract, the basic conditions of the contract have undergone unforeseeable major changes that are not commercial risks, and it is obviously unfair to continue to perform the contract; or the parties agree to change it.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 533.

After the contract is concluded, if there is a major change in the basic conditions of the contract that the parties could not foresee at the time of entering into the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

Article 543.

The parties may change the contract by consensus.

Article 544.

Where the parties are not clear about the content of the contract modification, it is presumed that it has not been changed.

Legal analysis: In the event of one of the following circumstances, it is allowed to change or terminate the purchase contract: 1. The parties have agreed through negotiation and will not harm the national interest and the social public interest; 2. All obligations of the economic contract cannot be performed due to unenforceable force; 3. The breach of contract by one of the parties makes the performance of the contract unnecessary.

Legal basis: Article 533 of the Civil Code of the People's Republic of China After the contract is concluded, if the basic conditions of the contract have undergone major changes that were unforeseeable by the parties at the time of conclusion of the contract and are not commercial risks, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract. The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.

Legal analysis: There is a certain risk in buying a house for renovation. There are restrictions on the sales object of housing reform, not everyone can enjoy the preferential policies of housing reform, and the people who buy housing reform can only be residents who live in a complete set of public housing for exclusive use and employees who meet the conditions for housing allocation.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.