If you can't refund, you can only negotiate with the seller to refund part of the house price, or see if the contract between the two parties indicates it. But generally there will be no such representation, unless it is a second-hand housing transaction.

What if the mortgage can't be done?

There are many reasons why the mortgage can't be done, so in practice, different situations have different treatments. When trying a contract dispute, the court will generally give priority to the agreement in the contract.

Therefore, it is the most important basis to stipulate in the contract who will bear the liability for breach of contract if the loan is not approved. If there is no agreement or the agreement is not clear, it shall be handled according to the following principles:

1. developer's reason: the developer sells houses that are not qualified for sale, that is, the developer fails to obtain a pre-sale permit or sells existing houses that are not qualified for use, and the bank will not approve the loan when reviewing this situation. At this point, property buyers can ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.

2. Reasons for the buyer: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer will be liable for breach of contract.

3. Non-seller's reasons: If the government policies or bank regulations change and the loan that the buyer should get cannot be realized, the buyer should negotiate with the developer. If negotiation fails, there is no agreement in the contract. Property buyers can sue to prove that they are not at fault and are really unable to buy a house, and ask the developer to repay the down payment and deposit.

Can I check out if the down payment is paid and the loan is not approved?

According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts:

As stipulated in the commercial housing sales contract, the buyer pays by secured loan. If one party fails to perform the commercial housing sales contract, the other party may request to cancel the contract and compensate for the losses.

If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.