Buying a house in a borrowed name refers to the act of the actual funder of the house borrowing the name of another person to purchase the house and registering the ownership of the house in the name of the other person. This kind of behavior is usually due to the fact that the actual funder does not have the conditions to buy a house, such as not reaching the age of buying a house, not having the qualifications to buy a house, etc., and buying a house in the name of another person. Buying a house in a borrowed name has certain risks, so the latest regulations make relevant provisions for this behavior.
First of all, there are certain conditions that need to be met to buy a house in a borrowed name. According to the latest regulations, the following conditions must be met to buy a house in a borrowed name:
1.The actual investor must have the conditions for purchasing a house, such as having the qualifications to purchase a house, and the funds are legal
2.A written agreement must be signed between the borrower and the actual funder, specifying the rights and obligations of both parties
3.The house must be registered in the name of the borrower, but the actual funder can keep the purchase invoice and other supporting materials.
Secondly, the handling of disputes over borrowing a name to buy a house. If there is a dispute over the purchase of a house in a borrowed name, it can be handled in the following ways:
1.Negotiate a settlement. If the dispute can be resolved through negotiation between the borrower and the actual investor, an agreement can be reached through negotiation and their respective rights and obligations shall be performed in accordance with the agreement
2.Mediation process. If the negotiation fails, you can apply for mediation. The mediation institution may conduct mediation on the basis of the evidence provided by both parties and the provisions of the law;
3.Litigation Resolution. If mediation fails, a lawsuit may be filed in the people's court. In the course of the litigation, both parties need to provide evidence to prove their claims, and the court will make a decision in accordance with the law.
Finally, the risk of borrowing a name to buy a house is prevented. In order to avoid the occurrence of disputes over borrowing a name to buy a house, you need to pay attention to the following points:1When signing the written agreement, the rights and obligations of both parties should be clarified, including the ownership of the house, the time of transfer, the liability for breach of contract, etc.;2.In the process of buying a house, it is necessary to keep relevant supporting materials, such as purchase invoices, bank transfer records, etc.;3.Before the transfer of ownership of the house, it is necessary to ensure that the borrower has the ownership of the house and go through the relevant procedures4.When a dispute arises between the borrower and the actual investor, it is necessary to take timely measures to protect its own rights and interests. In conclusion, borrowing a name to buy a house is a risky behavior that needs to be handled with caution. Attention needs to be paid to the details of signing a written agreement, retaining supporting materials, and handling transfer procedures. If a dispute arises, it can be handled through negotiation, mediation or litigation. Professional real estate dispute lawyer in Beijing