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Can the name of the house purchase contract be changed? You need to know this little knowledge

Under normal circumstances, whoever purchases a commercial house will write his or her name when signing the commercial house sales contract. Later, when applying for a real estate certificate, the signature on the commercial house contract will prevail. However, in practice, it may happen that the parties want to change their names after signing a commercial housing contract. So, here comes the question!

1. Can the name of a commercial housing contract be changed?

In our country’s laws, there are clear regulations on the procedure for name change. I will introduce it to you in detail below: First of all , according to the "Opinions on Stabilizing Housing Prices" promulgated by seven national ministries and commissions, it is clearly stated: "It is prohibited for pre-purchasers of commercial housing to re-transfer the uncompleted pre-sold commercial housing. After the pre-sale commercial housing is completed and delivered, the pre-purchaser obtains Before the house ownership certificate is issued, the real estate authorities shall not handle transfer and other procedures for the applicant; if the house ownership applicant is inconsistent with the pre-purchaser specified in the registered pre-sale contract, the house ownership registration authority shall not handle the house ownership registration procedures for the applicant. ”

Therefore, transactions cannot be conducted by changing the name after the contract is filed. Secondly, if the developer agrees, the contract must be revoked first, and after the original contract is revoked, you must sign the contract again and file it again. This is okay.

The most critical thing here is to obtain the developer's consent, and you need to determine whether the original contract is truly revoked and your contract can be successfully filed. In combination with the above, under normal circumstances, the name of the house purchase contract can be changed, but there are risks in the name change.

2. How to change the name of a commercial housing contract?

It is theoretically possible to change the name of a commercial housing contract, but name changes will generally incur some costs. There are two main good ways to change the name of a commercial housing contract:

1. Ask the developer to change the name

The specific process is to first cancel the online signing, and then go to the housing management bureau to sign a new one materials, and then you can re-register and sign a new contract. This method is more troublesome for developers, so developers are generally unwilling to do it unless there are special circumstances. Because the State Council stipulates that off-plan property transfers are prohibited, there is also an issue with developers regarding the withdrawal rate of online visas, so generally developers are unwilling to do so.

2. Wait until the real estate certificate is issued before changing the property ownership to one person

If there are any problems now, they can only be settled in the form of an agreement first. The name change between husband and wife only charges the cost of production. If they are not married, the corresponding taxes and fees will be calculated according to the transfer of ownership. It is equivalent to purchasing part of the house and following the procedure of second-hand house.

3. How much is the fee for changing the name of the house purchase contract?

Currently, there is no fee for canceling the contract with the housing authority. However, if there are any changes in fees during the specific handling process, the interpretation of the housing authority shall prevail. In addition, the developer may charge relevant agency fees during the actual operation. If the home buyer thinks it is unreasonable, he or she can consult the developer in detail and negotiate on this matter.

The usual practice of developers in today's real estate market is: if buyers need to change their names, they will charge a name change fee. Although this charge has no policy basis, this is basically the case for all properties. , can be said to be an unwritten rule.

It is possible to change your name, but the procedure is very complicated. Not only do you need to pay relevant handling fees, but there are also certain risks! Therefore, you must think twice when signing for a house purchase!

(The above answer was published in 2018-05-29, please refer to the actual situation for the current relevant house purchase policies)

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