A home gift agreement is a contract that is bound by law. Once a contract has been concluded, the parties to the contract shall perform their obligations unless otherwise provided by law or otherwise agreed by the parties.
According to the current laws of China, if the donor has signed a house gift agreement with the donee, but has not gone through the transfer procedures, then under certain conditions, the donor can revoke the gift. For example, the gift agreement clearly stipulates that the transfer procedure is a requirement for validity, and the gift agreement may not have legal effect for the time being until the transfer procedure is completed. For example, after the donor signs the house gift agreement, the donee does not perform other obligations in accordance with the agreement. For example, if the donor has a misunderstanding when signing the house gift agreement or is affected by illegal means such as fraud, the donor can revoke the gift in accordance with the law.
The Civil Code stipulates that a gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
The donor may revoke the gift before the transfer of rights to the donated property.
The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
Where it is necessary to go through registration or other formalities in accordance with law for donated property, the relevant formalities shall be completed.
In any of the following circumstances, the donor may revoke the gift: (1) seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives; (2) Failure to perform the obligation to support the donor; (3) Failure to perform the obligations agreed upon in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation. If the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legal ** person may revoke the donation. The right of revocation of the donor's heirs or statutory ** person shall be exercised within six months from the date on which the reason for revocation is known or should be known.