1. If the registered obligee repents after buying a house under his name, even if the parties have enough evidence to prove the fact of buying a house under his name, it will bring them a lot of unnecessary trouble. What's more, if you can't prove the fact of buying a house under your name, investors' own rights and interests will not be guaranteed, resulting in empty money and vacancies.
2. If the house purchased is affordable, the investor actually does not meet the purchase conditions. Even if the registered obligee recognizes the fact of buying a house under its name, the investor can't obtain the ownership of the house.
3. If the registered obligee sells the house without authorization, and the counterparty has handled the change registration in good faith, it is impossible for the investor to request the cancellation of the transaction to get the house back. Even if the fact of buying a house under the name is proved, the registered obligee can only be required to bear corresponding responsibilities.
4. If the registered obligee sets other rights such as mortgage on the house without authorization, and if other obligees are in good faith, investors usually need to dispose of other rights before they can be recognized by other obligees. What's more, if the mortgagee realizes mortgage according to law and handles mortgage registration, it will inevitably affect the rights of investors themselves.
(2) Risks faced by the registered obligee
1. If buying a house requires the qualifications and conditions of the registered obligee to enjoy the preferential conditions, the registered obligee will usually lose the opportunity to enjoy the preferential conditions again after buying a house under his name, such as the preferential policies for the first suite in some cities and the orders obtained by lottery.
2. If the investor does not purchase the house in full, but goes through the mortgage formalities, and the investor fails to fulfill the mortgage repayment obligation, it will actually affect the credit qualification of the registered obligee, and even the bank will directly ask the registered obligee to repay.
3. If the registered creditor fails to repay the due debts, the creditor shall apply to the court for compulsory execution. When the court finds out the property of the person subjected to execution, it will regard the house purchased in the name of the registered obligee as the property of the registered obligee, which can be kept as the property necessary for the life of the person subjected to execution, but the execution of other property will lead to the execution of the property necessary for the life of the registered obligee.
legal ground
People's Republic of China (PRC) Civil Code
Article 209 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
Natural resources owned by the state according to law may not be registered.