According to the current demolition implementation, the name of the person who signed the real estate license on the demolition agreement is his name.
If the demolition agreement is signed by the householder, then the real estate license is the householder's. The agreement on compensation and resettlement for house demolition is a legal act of both parties to house demolition. The agreement relationship is mainly attended by both parties to the house demolition, and only one party can't form an agreement relationship. The agreement must be a legal act of both parties to the house demolition. The so-called legal behavior refers to the behavior carried out in accordance with the requirements of the housing demolition regulations.
First, such as the qualifications of the parties, the specific requirements are as follows:
1, social organizations, as the parties to the house demolition agreement, must have legal personality;
2. When signing the agreement, the undertaker must have the authorization certificate of the legal person or legal representative, and must have the legal procedures for signing the agreement with the entrusted agent;
3. When signing the agreement, the demolished person shall issue the property right certificate, the use right certificate and other legal documents.
An agreement concluded in violation of laws and regulations or by fraudulent means is invalid.
Two, the signing of the demolition agreement can be confirmed invalid in the following six cases:
1. The demolition compensation agreement concluded between the demolition person and the demolition person who does not have the capacity for civil rights or the subject qualification for demolition is invalid;
2, the demolition compensation agreement concluded between the demolition and non resettlement housing owners or rights holders is invalid;
3. The demolished person has no capacity for civil conduct, and the demolition compensation agreement concluded with the demolished person is invalid; If the demolished person is a person with limited capacity for civil conduct, the demolition compensation agreement concluded with the demolished person shall be approved by his legal representative or guardian, otherwise it will be invalid;
4. The demolition compensation agreement signed when the agent exceeds the agency authority or has no agency right is invalid without the ratification of the obligee;
5, damage the public interest, or by fraud, coercion and other means to conclude a contract, damage the interests of the state and the demolition compensation agreement is invalid;
6. The contents of the demolition compensation and resettlement agreement violate the mandatory provisions of laws and regulations and shall be deemed invalid.
Except for the situations listed above and the invalid situations stipulated by relevant laws and regulations, other legally concluded demolition compensation agreements are protected by law.
legal ground
regulations on the expropriation and compensation of houses on state owned land
Article 25 The house expropriation department and the expropriated person shall, in accordance with the provisions of these Regulations, conclude a compensation agreement on matters such as compensation method, compensation amount and payment period, location and area of the house used for property right exchange, relocation expenses, temporary resettlement expenses or turnover of the house, loss of production or business suspension, relocation period, transition mode and transition period.
People's Republic of China (PRC) Civil Code
Article 240th the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.