2. If the online sign has been put on record and the developer has not breached the contract, it is impossible to return the house. Because it is more troublesome to change rooms, it is necessary to cancel the original record and re-record a new house, so the general developer will not agree.
can I get a refund on the house purchase deposit?
1. reasons of the developer.
article 89 of the security law stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to fulfill the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall double the deposit.
2. Reasons that cannot be attributed to developers or property buyers.
if the commercial housing sales contract is not successfully signed, but this is not caused by the developer or the buyer, in other words, if the developer and the buyer are not at fault for not signing the contract, then the developer must also return the full purchase deposit to the buyer.
"causes not attributable to both parties" are mainly reflected in legal force majeure. Force majeure is an objective situation that the parties to a contract cannot foresee, avoid and overcome when signing a contract. For example, due to natural disasters, the commercial housing does not meet the conditions for the parties to pay the deposit. If the buyers refuse to sign the commercial housing contract, then the developers do not need to double the deposit, but return the purchase deposit in full.
can I refund the down payment on the house?
1. You can return a house after paying the down payment. You can return a house according to the following methods. Consult with the developer first, and no lawsuit can be reached through consultation. Relevant persons suggest that the owner should negotiate with the developer first if the conditions for returning a house agreed in the contract are met, so as to save the litigation costs. If the compensation offered by the developer can satisfy the owner, the owner can withdraw the check-out request according to his own situation, or go through the check-out formalities with the assistance of the developer. If the coordination fails, then choose litigation or arbitration.
2. The house has paid a down payment for liquidated damages and related taxes. If the developer's breach of contract leads to the return of the house, and both parties have agreed on liquidated damages in the contract, then the developer must pay compensation as agreed. In addition to the total price of the house and the corresponding interest, the compensation also includes some expenses already paid by the owner in the early stage, which are included in the actual loss of consumers and compensated by the developer.
3. Both down payment and monthly interest can be compensated. In terms of check-out, buyers who use one-time payment can directly ask the developer to refund the money they paid and the corresponding interest. However, the situation of buying a house through mortgage loans and provident fund loans is relatively complicated. In practice, it is the developer who divides the refundable purchase price into two parts. The part that belongs to the buyer's down payment is directly returned to the buyer, and the part that belongs to the buyer's borrowing from the bank is directly returned to the bank, and the buyer is regarded as having repaid the money to the bank in advance. If the property buyers have lived for a period of time when they request to return a house, the depreciation expenses incurred during this period should be compensated by the owners.