Legal analysis
Only the name of the main lender can be written in the house purchase contract, but two people can be written in the bank loan book, and one person can be written in the owner's name when handling the real estate license. Be careful when signing a house purchase contract. These purchase contracts cannot be signed: 1. Contracts for urban residents to purchase rural housing. Rural houses are only allowed to circulate within the village collective. If urban residents buy rural houses, even if they sign a purchase contract, it is invalid. Second, the seller is a person without civil capacity. A person without civil capacity shall sign a contract for the sale of real estate by his legal representative, and the contract signed by the buyer and the seller without civil capacity shall be invalid. In addition, for people with limited capacity, they can only carry out civil acts corresponding to their age, intelligence and mental state, and their real estate sales also need to be signed by their legal representatives, that is to say, the sales contracts signed by the buyers and sellers with limited capacity are also invalid. 3. A contract in which one party breaches the contract. After the signing of the house purchase contract, if the house purchase contract is not filed with the Housing Authority, during this period, if one party repents or breaches the contract, the house purchase contract will be invalid. However, at this time, the defaulting party needs to give the other party some compensation, so under normal circumstances, it is rare that the purchase contract is invalid due to one party's breach of contract. 4. There is fraud between the buyer and the seller. When buyers and sellers conduct real estate transactions, if one party fabricates facts or hides the truth, etc. For example, the seller did not inform the buyer that the property sold had been mortgaged, which led to the conclusion of the transaction. In this case, the signed purchase contract is actually invalid. V. The house has no real estate ownership certificate. Due to some special reasons, some houses have been unable to apply for property certificates for a long time. Therefore, when a house without a title certificate is traded, it is often impossible to guarantee the rights and interests of the purchaser, especially when signing a purchase contract, even if the buyer and the seller sign a purchase contract, it is actually not protected by law. Six, the buyer and the seller are not voluntary transactions. Generally speaking, real estate transactions must be voluntary, if one party forces the other party to sign a house sales contract by coercion. For example, intimidation, then the purchase contract signed in this case will naturally be considered invalid. 7. Contracts with limited housing transactions. In the real estate market, some houses cannot be traded normally due to limited property rights, such as houses that have been mortgaged or sealed up. For these mortgaged and sealed houses, even if the purchase contract is signed, it is invalid. Therefore, when buying a house, it is best not to choose those houses with limited transactions. 8. Pre-selling illegal contracts. Some developers openly sell houses without obtaining pre-sale permits. If you buy such a house, even if you sign a purchase contract, it is actually invalid.
legal ground
Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.