Property buyers need to buy a house in the name of others, mainly for the following reasons: 1, to avoid the restrictive provisions of laws and policies. In order to improve the living conditions of urban low-income residents, in addition to urban commercial housing, the government has also implemented affordable housing projects and built special housing including low-rent housing and affordable housing. The central government has invested a large number of special financial subsidies for affordable housing, which is a special social welfare policy provided by the government for low-income urban residents. Therefore, buyers of affordable housing need to have special conditions and strict qualification examination. In addition, in the face of the current high housing prices and other specific conditions, in order to completely curb speculation and over-investment in the real estate industry, after the promulgation of 20 10 "Notice of the State Council on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities", some cities with high housing prices implemented basic purchase restrictions in 46 key cities, and restricted the number of purchase units according to the household registration and family units of buyers, with a view to returning the housing demand and housing prices to a rational and affordable level. Based on the above policies and so on, many property buyers use the welfare provided by the state for special people as an excuse, or in order to avoid the restrictive provisions of the policy, they adopt the way of buying houses. 2, covet the convenience and preferential treatment enjoyed by special status or conditions. For example, units raise funds to build houses, which are usually only sold to employees, or the prices purchased by employees are far below the market price; Another example is the sales method of the developer, which only sells parking rooms to the owners of the community, or sells houses by lottery, and it is not allowed to transfer the serial number of the lottery; Another example is provident fund loans, or other commercial loans, which require lenders to have certain qualifications or credit ratings; And other circumstances. Property buyers usually buy houses in the name of others to enjoy the benefits and convenience brought by these special identities or conditions. 3. Transfer property and avoid debts. If the debtor fails to perform the debts specified in the legal documents at maturity, the creditor may apply to the court for compulsory execution. Some debtors registered their property in the name of others in order to avoid debts, making the court think that they have no property to enforce. Buying a house under the name makes the right holder of real estate registration not the real owner of the house. According to the principle of publicity and public trust in the change of real right, in order to avoid unforeseen damage to the counterparty and maintain the security and stability of the transaction, the ownership of real right should be publicized. Movable property is publicized by possession, while real property is publicized by registration. According to Article 209 of the Civil Code, "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. The ownership of natural resources owned by the state according to law may not be registered. " It can be seen that the real right of real estate must be registered before it can take effect. Once made public, it will generate credibility. The transaction behavior of the parties based on their trust in the publicity of real rights should be protected by law, such as the system of bona fide acquisition. As for buying a house under the name, the investor is not the registered right holder, and even if he actually owns, manages and uses the house, he is not a legal qualified disposition. The registered obligee disposes of the house without authorization, such as mortgage and sale. If the other party meets the conditions of bona fide acquisition, the law will focus on ensuring the security of the transaction and the interests of the bona fide counterpart, and will not invalidate the change of property right just because its non-factual obligee has no right to dispose of it. Therefore, if there is a dispute over buying a house under one's name, it will usually fall into such a situation: the law protects the legal agreement on autonomy of will between the parties, that is, the agreement between the two parties on buying a house under one's name, but the law guarantees the transaction safety and the trust interests of the bona fide counterpart based on the credibility of property rights publicity to maintain social stability. Buying a house under the guise of name has risks that both sides cannot ignore. (1) Risks faced by investors: 65,438+0. If the registered obligee repents after buying a house under his name, even if the parties leave enough evidence to prove that the fact of buying a house under his name exists, 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. In addition, in the case of buying a house under the name, the investor is usually closely related to the registered obligee, and there are even many relatives in the disputes over buying a house under the name tried by the court. Therefore, based on trust, many parties have not signed a written agreement or the agreement is unclear. However, because there are many unpredictable factors hidden in the name of buying a house, it is easy to cause disputes, which not only damages the property rights of the parties themselves, but also damages the feelings of both parties. Many people have changed from relatives to enemies. 20 10 12 The Beijing Higher People's Court issued the Guiding Opinions on Several Issues Concerning the Application of Laws in the Trial of Disputes over Housing Sales Contracts, in which Article 2 15 stipulates that "if 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, the borrower actually enjoys the rights and interests of the house, and the borrower requests the registrant (celebrity) to register the transfer of ownership of the house in accordance with the contract. However, due to the creditor's seizure of the registrant or other reasons, the house cannot be registered for transfer according to law, or the interests of a third party are involved in bona fide transactions. " Article 216 stipulates that "the borrower violates the relevant policies and regulations and purchases affordable housing and other policy-guaranteed housing in the name of others. If the borrower claims to confirm that the house belongs to him or requires the registrant to handle the transfer registration of house ownership as agreed by both parties, it will generally not be supported." Although Chongqing has not yet issued relevant regulations, according to the existing legal provisions and judicial practice, it is suggested that the parties concerned should start to protect their rights from the following aspects: 1, affordable housing and other policy-oriented housing. If the parties do not meet the requirements of the purchaser, they shall give up the purchase. 2. If it is really necessary for a party to purchase a house by borrowing without violating the prohibitive provisions of laws and regulations, it shall sign a written contract, clearly recording the information of both parties, house information, house purchase method and other contents agreed by both parties. 3. Investors and registered obligees should have a comprehensive and detailed understanding of each other's property and credit status before buying houses under their names. 4. Investors should properly keep all evidential materials such as house purchase vouchers and house payment, so as to avoid the difficulty of proof after disputes, and cannot use this as an excuse to confirm the fact of house purchase. 5. In order to prevent the registered obligee from disposing of the house without authorization, the investor may register the house as mortgage with the registered obligee and register the house as mortgage in the name of the investor. Buying a house under the name seems simple and convenient, which brings benefits for the parties to avoid many restrictive conditions, but there are many unpredictable risks hidden in reality. It is recommended that the parties use it with caution.
Legal basis:
Article 66 of the Land Management Law may, with the approval of the people's government that originally approved the use of land, take back the land use right: (1) Land is needed for the construction of public facilities and public welfare undertakings in townships (towns); (two) the use of land is not in accordance with the approved purposes; (three) the land that has been stopped for reasons such as cancellation and relocation. If the land collectively owned by farmers is recovered in accordance with the provisions of Item (1) of the preceding paragraph, the land use right holder shall be given appropriate compensation. The recovery of the right to use collectively-operated construction land shall be handled in accordance with the written contract signed by both parties, unless otherwise stipulated by laws and administrative regulations.