Buying a house and paying the down payment can be divided into the following situations:

(1) The mortgage can't be done, which is caused by the developer's reasons, such as the developer's incomplete procedures, which makes it impossible for the buyer to handle the mortgage and continue to perform the contract. In this case, property buyers can return a house without responsibility, and even ask the developer to compensate for their own losses.

(2) If it is because of the adjustment of the national loan policy, the restriction of the bank loan scale and other policy reasons, then this situation can not be blamed by both developers and property buyers. If this happens, the buyer can also request to return the house and refund the down payment.

(3) If it is due to the buyer's own reasons, such as incomplete information provided, or the buyer's lack of repayment ability, the bank thinks that the buyer does not meet the loan conditions, resulting in the inability to apply for a loan, and the buyer requests to cancel the house purchase contract, the court generally does not support it. If this happens, buyers should renegotiate the payment with the developer or pay the house payment directly to the developer. If the house payment cannot be paid, the developer may require the buyer to bear the liability for breach of contract according to the contract.

Legal basis: 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.

Article 19 As stipulated in the commercial housing sales contract, if the buyer fails to conclude the commercial housing secured loan contract due to one party's reasons, 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.

Can the down payment be refunded if the mortgage loan can't come down?

You can return it.

If the mortgage fails, customers can choose to return a house, and then naturally they can find a real estate developer to apply for a refund of the previous down payment.

It's just that everyone needs to pay attention. If the reason why the mortgage can't be done comes from the customer, such as bad credit, then the customer needs to bear certain liability for breach of contract when checking out. At that time, the real estate developer may not return all the down payment of the house, and it is estimated that part of it will be deducted as liquidated damages.

Of course, if the mortgage can't be done because of the real estate developer's problems, such as incomplete documents, then the customer naturally doesn't have to bear the liability for breach of contract, and can ask the developer to refund the down payment of the house in full, or even ask the other party to pay a certain loss fee.

Therefore, if the first mortgage application fails, customers are advised to find out the reasons first. If it is not because the developer is not qualified to sell the house, in fact, you can try to re-apply, re-apply in another bank, and then supplement and improve the information and try to increase the down payment. You can also find a person with good credit as a guarantee, and maybe the mortgage will be handled smoothly.

What should I pay attention to when buying a house with mortgage loan:

1. Apply for the loan amount according to your own ability.

When applying, the borrower should make a correct judgment on his current economic strength and repayment ability, make a correct and objective prediction of his future income and expenditure, carefully determine the loan amount, loan term and repayment method, design the repayment plan according to his income level, and leave room appropriately.

2. Choose a good loan bank for mortgage.

The more services banks provide, the more detailed they are. You will get flexible and diverse personal financial services, as well as a rich service and product portfolio. For example, some banks have introduced a series of new measures, such as adjusting the loan term of borrowers, allowing borrowers to change things, changing real estate rights and so on.

3. Choose the repayment method that suits you best.

At present, there are basically two repayment methods for individual housing loans: equal repayment method and equal principal repayment method. The repayment method of equal repayment is adopted, and the repayment amount is unchanged (except for adjusting the interest rate), which is convenient for repayment, but more interest should be paid; Equal principal repayment, the monthly repayment amount is gradually decreasing.

The information provided to the bank should be true.

A true personal occupation, position and recent proof of economic income shall be provided. If you don't have enough ability to repay the loan, but exaggerate your income level, it is very likely that you will default at the initial stage of repayment, and it is confirmed by bank investigation that you have provided false certificates, which will affect yourself.

Can I check out if I can't get the down payment for the loan?

Yes, customers can choose to check out if they can't pay the down payment. However, if the customer really needs to buy a house, it is not recommended that the customer directly choose to return a house unless absolutely necessary. Especially in the case that it is impossible to get a mortgage for personal reasons, the customer may have to pay a certain penalty to apply for return. In fact, if the mortgage application fails once, you can try to apply for a second time.

Because the information prepared is not comprehensive, customers should prepare sufficient, perfect and accurate information before applying. If there is too much personal debt, customers can choose to pay off their own debts, or pay off part of them first, and then apply for a mortgage after the personal debt ratio drops. As long as you prove that your credit is good and you have enough repayment ability, you can generally get a mortgage.

Of course, if the mortgage can't be done because the developer's documents are incomplete and he doesn't have the qualification to sell the house, then the customer really has to choose to return a house. In this case, it does not belong to the customer's breach of contract, and the down payment can generally be fully refunded without the customer paying liquidated damages.

Can I check out if I pay the down payment and the mortgage is not approved?

If you don't want a house after paying the down payment, you can't return it. If both parties agree to check out, they can check out. However, if negotiation fails, compensation shall be made for breach of contract. If the house is returned due to the party concerned, the developer shall compensate the liquidated damages and refund the down payment. If you need to refund the deposit, it is recommended to choose the check-out information consultation platform. Check-out information consultation platform specializes in handling disputes over real estate deposits, which can be accepted at home all over the country. Click to consult how to refund the house purchase deposit.

1. The buyer sent out a rejection notice.

Buyers can make it clear to the developer by parcel letter, fax or telephone. If the developer returns the house due to its obligation, the developer shall bear the damage caused by the return of the house, including loan interest, down payment deposit interest rate, house purchase tax, etc. If the house purchase contract stipulates the compensation for house return, it shall be settled according to the contract. If the compensation promised in the contract is not enough to make up for the loss, it can be paid again.

2. Complete the formalities within half a month.

Within fifteen days after the buyer explicitly requests to return the house, the developer shall return all the house payment paid by the buyer, and undertake all the procedures for the buyer and the loan financial institution to apply for dissolution or termination of the contract. Before the above procedures or documents are signed, the developer should pay the monthly capital and loan interest to the loan financial institution instead of the buyer.

If you want to know more about the house that you didn't want for the down payment, it is recommended to consult the check-out information consultation platform. Shenzhen Check-out Information Consulting Co., Ltd. has an excellent professional check-out deposit team, which can provide on-site professional consultation for Guangdong Branch, Guangdong, Zhejiang, Shanghai, Yunnan, Henan, Guizhou, Shandong, Fujian, Hainan, Shanxi and other provinces in China. According to the details of different cases, senior retirees give one-on-one professional advice to fight for the rights of many customers.