A senior lawyer from Liaoning explains whether it is possible to change the name on a home purchase contract.
Time:
2022-08-22
Whether the real estate contract can be renamed is a question that many people are concerned about. Renaming the purchase contract is an issue that many home buyers may encounter after purchasing a home. So, after acquiring a property, can we still change the name? If we can change the name, how should we do it? Below, a senior lawyer from Liaoning will provide a detailed introduction.
1. Can the purchase contract be renamed?
According to the "Opinions on Stabilizing Housing Prices," for pre-sold commercial housing that has not been completed, the purchaser cannot transfer it again. Additionally, before the pre-sold commercial housing is completed and delivered, and before the purchaser obtains the property ownership certificate, the real estate authority cannot process transfer procedures.
Moreover, if the applicant for property rights does not match the purchaser stated in the registered pre-sale contract, the property rights registration authority cannot process the property rights registration. Therefore, if the purchase contract has already been registered, the renaming procedure cannot be processed.
2. How to process the renaming of the purchase contract?
Regarding the process of renaming the purchase contract, different situations require different processes to achieve:
1. Before pre-sale registration
At this stage, if the buyer wants to change the name of the buyer or add a buyer, the procedures are relatively simple. First, the buyer should negotiate with the developer. Generally, the developer will agree to the change. If the commercial housing has not been completed and accepted, the buyer needs to obtain an unfinished inspection report from the relevant unit and have the developer submit the reason for the contract renaming, paying the relevant handling fees. If the commercial housing has been completed and accepted, renaming cannot be done, but it can be changed later in the form of a gift after the property certificate is issued.
2. After pre-sale registration
If the new buyer has a direct blood relationship with the purchaser, the name can be changed on the pre-sale contract. When processing, a notarized proof of kinship should be provided. For others without a kinship relationship, the pre-sale transfer procedure should be followed. That is, the original buyer submits an application, cancels the contract registration, and then re-signs the purchase contract.
3. What issues should be noted when renaming the purchase contract?
1. Unable to obtain the property certificate
Renaming the purchase contract requires re-registration of the contract, which will naturally be re-examined. If the housing authority discovers that the true purpose of both parties is to complete the transaction, it will be rejected. This may result in an inability to register, leading to the property certificate not being processed normally.
2. Tax and fees may be levied
Many people choose to rename the contract to evade taxes, but even if the contract has been renamed, the true purpose may still be discovered during the application for the property certificate, which may lead to the seller being taxed.
3. Contract may be invalid
If either party regrets after the renaming of the purchase contract, the contract may be deemed invalid as an attempt to evade taxes.
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