The case was embarrassing because of the signature problem.
Haifeng and his girlfriend are uncomfortable because of whose name is signed on the house purchase contract. Haifeng is a native of Baoji and graduated from junior college.
It has been more than three years since graduation, and his girlfriend Xiaohong has just joined the work. They have been in love for a year, so it's time to talk about marriage. His girlfriend asked him to buy a house before getting married. Haifeng's savings and his parents' tens of thousands of yuan are just enough for the down payment. When the private house sales contract is a model house contract, the two sides have different opinions. Haifeng and his family wanted to write Haifeng's name on the purchase contract, but Xiaohong and his family disagreed. The reason is that the house will be provided by Haifeng and Xiaohong in the future, and it is not appropriate to write only one name, so I insist on writing two names.
Developers do not impose restrictions on signatures.
How many people can fill in the buyer column? The model contract of private house sales in the west does not restrict this, especially for customers who pay in one lump sum. As long as the prospective husband and wife agree, it is no problem to write the names of two people on the house purchase contract. But if you want to go to mortgage to buy a house, it depends on the relevant regulations of the bank.
It is understood that in the original purchase contract, only one person's name was left in the buyer column. Considering that the property right of the buyer can be shared by husband and wife or children, a number of blank spaces have been added in the new Model Purchase Contract.
The bank allows two people to sign a mortgage contract.
Yesterday, the reporter called China Merchants Bank, China Construction Bank, Bank of Communications and Industrial Bank on this issue in the name of house purchase consultation. Relevant persons in charge of these banks all said that if customers have such requirements, the banks allow them to sign the names of two people on the mortgage contract, but the specific proportion of capital contribution and repayment needs to be negotiated by the customers themselves, and the relevant information of the banks only informs the main lenders.
The staff of Xi Branch of Minsheng Bank also told the reporter that for prospective couples who have not received a marriage certificate, if they are required to have the same signature, the loan contract can show the names of two people, one is the main borrower and the other is the same borrower. In order to avoid disputes in the future, banks will require buyers to issue written investment and repayment agreements or notarial certificates.
The real estate license of the Housing Authority shall be consistent with the purchase contract.
The staff of the Property Rights Registry of Xi 'an Housing Management Bureau said that when handling the real estate license, the main basis is the commercial housing sales contract. The name on the real estate license must be consistent with the name on the purchase contract. The contract is the name of several people, and the real estate license says several people. If a couple buys a house, the property belongs to * * *, and there is not much difference between signing one person's name and signing two people's names; But if you are an undocumented prospective couple, you should be cautious when signing a contract. The name on the purchase contract has a great relationship with property rights.
You'd better sign two names on the lawyer's contract.
The reporter interviewed Li Dejun, a lawyer of Shaanxi Jingwei Law Firm. He felt that Xiaohong and his parents' demands were not too much. In order to avoid disputes, it is best for prospective couples to sign two names on the contract.
Lawyer Li told reporters that one, two or more people can sign a house purchase contract with the developer or a mortgage loan contract with the bank as a party to the contract, which is not contradictory to the contract law. When handling mortgage loans, it can also be specifically agreed with the bank that one or more parties will jointly pay off the loan principal and interest, just by refining the general loan contract of the bank.
Teacher Li Lv said that at present, in the registration of real estate ownership, a person's name is generally registered in the column of house owner. If there are two or more * * * people in the house, the housing management department shall issue a certificate of ownership of the house to prove the nature of the house. From this perspective, when signing a house purchase contract, the buyer can be one person or many people.
Lawyer Li suggested that prospective couples like Xiaohong and Haifeng, when signing a commercial housing sales contract or a mortgage loan contract, can also write another agreement to clearly stipulate the rights of both parties to the purchased house if the developer or bank does not agree to fill in the buyer (or borrower) column, and also achieve the goal of * * * owning the house.
(The above answers were published on 20 13-09- 10. Please refer to the current actual purchase policy. )
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