Is there an expiration date for the impartial guardian of the underage home purchase

According to the law, minors may accept rewards, gifts, remuneration and carry out civil acts appropriate to their age and intelligence, and other major civil acts shall be carried out by their guardians** or with the consent of their guardians. The guardian of the minor may dispose of the minor's property for the benefit of the minor. As a result, minors can go through the formalities of buying and selling houses and registering property rights, and the specific procedures are as follows:

One is for minors to buy houses. For example, Mr. Li wants to buy a house and write the name of his 10-year-old son, Xiao Ming, on the real estate title. Since Xiao Ming is under the age of 18 and is a minor, Mr. Li needs to submit the household registration book or birth certificate of the buyer, Xiao Ming, and the identity certificate of Xiao Ming's guardian in addition to submitting the information in accordance with the normal housing transaction registration procedures.

If Xiao Ming has only one guardian, he must also provide a notarized guardianship certificate to prove his sole guardianship qualifications. After preparing the above information, Mr. Li can go to the Municipal Land and Housing Management Bureau to go through the housing transaction registration procedures and register the property in Xiao Ming's name. The second is the sale of houses by minors.

For example, if Mr. Li wants to ** a property in the name of his son Xiao Ming, he must follow the special provisions of ** real estate in the name of minors, first, the guardian can ** his house for the benefit of minors, and must provide a guarantee signed by the guardian to guarantee that he has guardianship qualifications and ** the real estate is for the interests of minors; Second, the situation of the guardian's ** minor's house shall be announced, and the announcement period shall be 7 days, and there shall be no objection during the announcement period. If the above conditions are met, in addition to submitting information in accordance with the normal housing transaction registration procedures, Mr. Li also needs to submit the household registration book or birth certificate of the seller Xiao Ming, the ID card of the guardian, and the certificate of guardianship of Xiao Ming issued by the unit or group to prove that he has the qualification of guardian and that the ** property is for the benefit of the minor. If there is only one guardian, a notarized guardianship certificate must also be provided to prove his sole guardianship qualifications.

If Mr. Li has all the above information, he can go to the housing management department to go through the relevant procedures of housing**. If there is no objection during the publicity period, Mr. Li can smoothly ** the house under Xiao Ming's name.

No, until the minor has full civil capacity.

Parents provide valid relevant certificates, all of which are valid.

Legal Analysis: Guardians have the right to dispose of minors' properties. According to the relevant laws and regulations, minors are legally incapacitated or limited persons, and most of the acts of minors need to be carried out by guardians.

According to the law, the legal guardians of minors shall first be their parents, and parents have the right and obligation to supervise and protect the person, property and other lawful rights and interests of their minor children.

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

Article 1188:Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their duties of supervising and protecting the branches, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes damage to others, compensation shall be paid from his or her own property; The guardian shall compensate for the shortfall.

Article 1189:Where a person who lacks or has limited capacity for civil conduct causes harm to others, and the guardian entrusts guardianship duties to others, the guardian shall bear tort liability; If the trustee is at fault, he shall bear the corresponding responsibility.

The guardian of the minor property does not have the right to transfer the title. Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When minors' guardians perform guardianship duties, they shall respect the ward's true wishes based on the ward's age and intellectual state when making decisions related to the ward's interests.

What is the process of conveyancing a property:

1. Prepare relevant materials for real estate transfer;

2. Go to the registration information and verification agreement window to go through the information registration and agreement verification procedures;

3. Go to the real estate appraisal window to go through the appraisal procedures;

4. Go to the notary window to go through the notarization procedures;

5. Go to the private transaction window to go through the transaction procedures;

6. Pay stamp duty at the deed tax and stamp duty window;

7. Go to the property right registration and issuance window to go through the procedures for changing the name of the "House Ownership Certificate".

[Legal basis].Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate.

The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site survey and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Article 8. The real estate transfer contract shall contain the following main contents:

1) The names and addresses of both parties;

2) The name and number of the real estate ownership certificate;

3) The location, area, and boundaries of the real estate;

4) the land parcel number, the method of obtaining the land use right, and the early friendship limit;

5) the use or nature of the use of the real estate;

6) Transaction** and payment method;

7) the time when the real estate is put into use;

8) Liability for breach of contract;

9) Other matters agreed upon by both parties.

The signature of a guardian to buy a house is valid. When a minor buys a house, either of his parents as the legal **person** civil activity of the minor has legal effect, and then the father or mother of the child as the loan applicant submits a loan application to the bank. Such a contract for the sale and purchase of a house is valid.

Legal basis] Article 221 of the Civil Code, the parties sign an agreement for the sale and purchase of a house or an agreement on other real estate rights, in order to protect the realization of real rights in the future;

According to the agreement, you can apply to the registration agency for advance notice registration. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the notice registration shall become invalid.

Legal Analysis: Yes. Minors can ** house.

The guardian can ** house for the benefit of the minor, and must provide the guardian's signature to ensure that he has the qualifications of the guardian of the superintendent and the property for the benefit of the minor. However, there are the following legal risks:

1. When signing a house sale contract with a minor, the legal person shall be present and sign as a party to the contract;

2. As the co-owner of the non-registered house, the minor shall enjoy the ownership of the house in accordance with the inheritance or agreement, but the buyer can still acquire the house in good faith.

According to the provisions of the "Measures for the Administration of Commodity Housing Sales", the construction administrative department is responsible for the management of commercial housing sales nationwide. The provincial and autonomous region people's construction administrative departments are responsible for the sales management of commercial housing within their respective administrative areas.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Seventh construction administrative departments, land management departments in accordance with the provisions of the division of powers, each performing its duties, close cooperation, management of the national real estate work. The institutional setup and powers of the local people's real estate management and land management departments at or above the county level shall be determined by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Article 54 For housing lease, the lessor and the lessee shall sign a written lease contract, stipulating the terms of the lease term, lease purpose, lease responsibility, repair responsibility, etc., as well as other rights and obligations of both parties, and register with the real estate management department for the record.

The guardian has the right to dispose of the minor's property. According to the relevant laws and regulations, minors belong to the legally incapacitated or limited ability to act, and most of the acts of minors need to be carried out by guardians. According to the law, the legal guardian of a minor child shall first be the parent of the child, and the parents have the right and obligation to supervise and protect the person, property and other legitimate rights and interests of the minor child.

Can a house for a minor be sold?

1. When the child is a minor, it shall not be disposed of except for the benefit of the child, and the consent of the child must be obtained when buying and selling, because as the guardian of the child, it must be proved that the sale is for the benefit of the child and does not harm his interests;

2. When the child becomes an adult, the disposition needs to be agreed by the parents and the child.

The house is the joint property of an adult and a child, and it can only be sold with the consent of the child. If the child is under the age of 18 and does not have full civil capacity, he cannot dispose of the property in his or her name. The guardian (parent) must dispose of the property for the benefit of the ward, such as the ward who has difficulties due to education, going abroad, or serious illness expenses, and provide true proof materials related to this.

What are the advantages of buying a house for minors.

1. Property division can be avoided.

The children are the owners of the house and do not belong to the joint property of the husband and wife, even if the husband and wife jointly contribute to the purchase, when the husband and wife divorce and divide the property, the court cannot dispose of the property in the name of the children.

2. It can avoid transfer taxes in the future.

Write the purchased house directly in the name of the child, which can save some formalities for the child to inherit the property in the future, and can also save the inheritance tax to be paid.

What are the disadvantages of buying a house for a minor?

1. You can't take out a loan.

The object of the bank loan is a natural person with full civil capacity, and although a minor child can buy a house alone, he does not have full civil capacity and does not have the ability to repay debts.

Therefore, minors generally cannot take out bank loans to buy houses, and they need to make a one-time payment to buy a house; Parents cannot withdraw housing provident funds and loans when purchasing real estate for their children.

2. Parents are not allowed to dispose of the house at will.

Guardians can buy houses on behalf of minor children, but they cannot arbitrarily mortgage houses in the names of minor children. To carry out transactions such as **, mortgages, etc., the guardian must be solely for the benefit of the minor in order to dispose of his or her home.

3. Parents do not have the right to repossess the house.

Although the house is purchased by the parents, the children are the owners of the property, and even when the children become adults, they do not fulfill their maintenance obligations to the parents, and the parents are very unlikely to want to repossess the house by this.

[Legal basis].

Article 20 of the Civil Code; [Minors without capacity for civil conduct] Minors under the age of 8 are persons without capacity for civil conduct, and their legally-prescribed persons are responsible for carrying out civil juristic acts.

Article 21; [Adults without capacity for civil conduct] Adults who cannot recognize their own conduct are persons without capacity for civil conduct, and their legally-designated **person** shall carry out civil juristic acts.