The deposit is not refundable. As a guarantee of creditor's rights, the deposit will be regarded as a breach of contract. Since the purpose of the contract can not be achieved, the customer has no right to request a return at that time.

The deposit, on the other hand, is equivalent to the delivery of advance payment and does not have the guarantee nature of debt. If the contract cannot be performed normally, the deposit can be returned in the original amount. It is precisely because of this that customers must pay close attention when signing the contract and have to confirm that it is a deposit, not a deposit.

It should also be noted that even if the down payment of the previously delivered house can be refunded, some real estate developers may charge a certain amount of liquidated damages, and then deduct a part from the refunded down payment, that is to say, the down payment may not be fully refunded.

Unless the problem of refusing the mortgage is not on the customer, in this case, it is no problem for the customer to choose to return a house. If the problem lies with the real estate developer, such as incomplete documents, then the customer can not only pay back the money, but also ask the other party to pay a certain loss fee.

Relevant laws and regulations.

Article 4. If the seller accepts the down payment paid by the buyer as the guarantee for concluding the commercial housing sales contract by subscription, order and appointment, if the commercial housing sales contract cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law; If the commercial housing sales contract cannot be signed due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.

Article 19. If the contract for the sale of commercial housing stipulates that the buyer pays by secured loan, and the contract for secured loan of commercial housing cannot be concluded due to one party's reasons, so that the contract for the sale of commercial housing cannot be continued, the other party may request to terminate 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.