Recently, due to the entry of some red disks into the market, some information claiming to be "can be held on behalf of others" has begun to appear on the Internet. This information is unpredictable, and today Fa Ge wants to come and talk to you about the matter of holding on behalf of you.
A new project in the third phase of the financial city, some people claim to be able to hold it on behalf of others, according to Xiaohongshu
In the era when Chengdu's "Internet celebrity plate" doubled, when a large number of new houses with the upside-down price difference between the surrounding second-hand houses were sold, countless speculators also started to find qualifications to hold real estate.
Regarding the risk of this matter, Chengdu Business Daily reported in 2022 that there was a dispute over the holding of Panchenggang Lotte Shengyuan, where two people bought a house together, paid the monthly payment together, paid the down payment together, and signed the "Partnership House Purchase Agreement", but after the house rose, the "borrowed celebrity" began to deny the account and finally went to court. For details, click on "borrow a name to buy a house" to bring trouble: after the appreciation of the house, the property rights are required to be confirmed, and the court has decided
In real life, there are countless similar incidents caused by disputes caused by "house holding". This time, we also invited lawyers to give professional answers to the related questions that everyone is concerned about "real estate holding".
Holding is a double-edged sword
The biggest risk lies in the "borrowed celebrity"
First of all, it should be noted that "real estate holding" is not illegal, but it is also regarded as a double-edged sword due to the extremely high potential risks.
In past cases, the biggest risk often occurred to the "borrowed celebrity", including but not limited to the borrower's remorse, the borrower's private disposal of the property, the seizure and auction of the property, marital changes, accidental death, etc.
The case mentioned above is a typical case of the "borrowed celebrity" repudiating - it was said that it was good and signed the "Partnership Purchase Agreement" to confirm that they each enjoyed 50% of the property rights of the house and half of the value of the real estate, but after the house increased in value, the "borrowed celebrity" Feng began to "repay the debt".
Also not long ago, there were also media reports of an unhappy breakup due to "real estate holding", Mr. Zhang and Ms. Li were lovers, but because Ms. Li did not have the qualifications to buy a house in Beijing, the two parties discussed borrowing Mr. Zhang's name to buy a property.
But soon after, the two broke up, but Mr. Zhang mortgaged the property privately, and the two eventually fell out.
In fact, even if a reliable "borrowed celebrity" can be found, there will also be uncontrollable hidden risks.
For example, if a "borrowed person" dies or becomes incapacitated due to a sudden illness, it will involve the issue of inheritance or guardianship, and the "borrowed person" will have a change in his or her credit information, resulting in the bank card being frozen and unable to repay the loan on time, and so on.
In this regard, Zeng Xinyu, a lawyer at Beijing Dentons Chengdu Law Firm, said that because everyone's situation is different, it is only possible to stipulate the possible risk points in advance in the escrow agreement, and especially remind that the following situations should be agreed as separate clauses, such as the death of the "borrowed celebrity", divorce, debt, loss of contact or seizure of real estate by the court due to other legal issues.
She also said that since the contract is not against a bona fide third party, even if the contract is agreed, it is very likely that the borrower will only be able to obtain liquidated damages, but not the ownership of the property. That is, "win the lawsuit, lose the money".
Do a good job of risk aversion
What should I pay attention to in the escrow agreement?
If we encounter special circumstances and must hold the property on behalf of others, how should we maximize the risk avoidance?
Lawyer Zeng Xinyu said that the two parties need to regulate the following points in the escrow agreement in order to avoid risks and ensure legality as much as possible.
First of all, it is necessary to clarify the content of the agreement. That is, before buying a house in a borrowed name or holding a property on behalf of the company, both parties should sign a detailed written agreement to clarify their respective rights and obligations, including the purchase, use, income distribution, transfer, and distribution method of the property when selling the property in the future.
Then there is the issue of real estate registration and the issue of clarifying the ownership of real estate. Since the name on the real estate certificate is the borrowed person, it is difficult for the actual purchaser to directly prove his ownership in law, and both parties should also clarify the ownership of the property and the way in which the rights will be transferred in the future.
At the same time, the actual home buyer is also required to keep all transaction documents, including bank transfer records, payment receipts and relevant purchase documents, to prove the source and flow of funds.
Secondly, the risk prevention and control and tax issues of the borrowed celebrity should also be taken into account. This can better avoid the risks of being mortgaged by the borrowed celebrity, reselling the house, etc., as well as involving inheritance tax, gift tax, etc.
In addition, there is the unexpected situation of the "borrowed celebrity" mentioned above, so the inheritance and gift links should also be considered in the agreement, so as to avoid the unexpected death of the borrowed celebrity, which may not be in line with the wishes of the actual buyer.
The most important thing is to be clear about the nature of the property you are buying and not to buy a property that has policy restrictions on the transaction conditions. Because, according to previous precedents, it is illegal to find someone to hold it on behalf of others in order to avoid the purchase restriction policy, that is, the so-called agreement in the law is invalid because it violates public order and good customs.
Finally, Fa Ge would like to say that the potential risks of "real estate holding" are very high, and there are often risks such as requests for confirmation of property rights cannot be supported, houses are resold, or the court enforces them due to the external debts of the borrowed celebrity.
Therefore, I would like to remind readers and friends: the overall risk of "holding real estate on behalf of others" is very high, and if you cannot fully avoid the risk, you should not take risks in order to grab the Internet celebrity.