Is the developer responsible if the housing loan cannot be obtained? You can try this
Many people think that being rejected for a loan to buy a house must be due to the lack of qualifications of the lender. In fact, home loan approval does not only depend on the lender, but also on the developer and bank. If there is a problem with either party, the mortgage loan approval will not be approved. If it is the developer's fault, then the developer needs to take responsibility. Let's find out together.
Is the developer responsible if the housing loan cannot be obtained? If the developer sells houses that do not meet the sales conditions, that is, the developer fails to obtain a pre-sale license or sells an existing house that does not meet the conditions for use, or the developer fails to secure a mortgage loan bank, fails to submit mortgage loan materials in a timely manner, etc. As a result, the mortgage loan cannot be obtained. These are all the reasons of the developer, and the developer needs to take responsibility. If you find that the problem is really with the developer, you must not let the developer make excuses and shirk responsibility. You must come up with a contract to protect your legitimate rights and interests. You can terminate the contract with the developer and ask him to return the down payment and deposit. , and also allow it to pay liquidated damages.
The following is an example: Mr. Li is a corporate executive with an annual salary of 200,000. He has good personal credit and overall credit conditions are quite good. He took a fancy to a house, paid a down payment of 300,000 yuan, and provided various information as required by the developer. However, his loan application was rejected, which made him feel incredible. As a result, an investigation revealed that the developer had omitted an important piece of information when applying for a mortgage for him, which led to the rejection of the mortgage. So Mr. Li canceled the house purchase contract with the developer in accordance with the house purchase contract, and asked the developer to refund the full down payment of 300,000 yuan and compensate for a small amount of liquidated damages. Whether it is considered a breach of contract if the mortgage loan cannot be obtained
It can be determined in three situations: 1. The developer’s reasons: then there is no breach of contract 2. The home buyer’s reasons: If the information provided by the home buyer is untrue or the home buyer’s If the credit record is not good, the bank will not approve the loan, and the home buyer should bear the responsibility. 3. Reasons not caused by the buyer or seller: third-party compensation can be requested. Article 577 of the "People's Republic of China and Civil Code" If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578 If one party expressly expresses or shows by its own behavior that it will not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period. Article 579 If one party fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment. Article 580 If one party fails to perform a non-monetary debt or the performance of a non-monetary debt does not comply with the agreement, the other party may request performance, except in one of the following circumstances: (1) Legal or de facto impossibility of performance; (2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; (3) The creditor fails to request performance within a reasonable period. If one of the exceptions specified in the preceding paragraph makes it impossible to achieve the purpose of the contract, the people's court or arbitration institution may terminate the rights and obligations of the contract at the request of the parties, but this will not affect the liability for breach of contract.
What should I do if I can’t get a mortgage loan? What are the consequences of not being able to get a mortgage?
House loans from banks are now the main method that many people rely on to buy a house. Buying a house is a great event in life. Many people go through the process from choosing a house to going through the house purchase procedures. We are all happy when applying for a home loan, but we may encounter some unexpected situations when applying for a home loan. What should we do if we cannot get the home loan? What are the consequences of not being able to get a mortgage loan?
Bank housing loans are now the main method that many people rely on to buy a house. Buying a house is a great event in life. Many people are happy from the time they start choosing a house to going through the house purchase procedures. Yes, but you may encounter some unexpected situations when applying for a housing loan. What should you do if you cannot get the housing loan? What are the consequences of not being able to get a mortgage loan?
What to do if the mortgage loan cannot be obtained
1. Understand the specific problems
If the home buyer fails to receive a reply from the bank after applying for the loan, the home purchase Applicants can first confirm with the bank why the loan cannot be approved. If it is a problem with their credit report or current flow, ask if they can make up the current flow. Some banks may also offer to purchase some financial products to increase your credit. It is also recommended to improve your credit through other assets or certificates of deposit. You can also increase the down payment ratio to reduce the loan amount, and then apply to the bank again.
2. Find a guarantee company
If some home buyers really do not have good qualifications but really want to buy this house, they can find a guarantee company for a loan at this time. It should be noted that the fees involved will be higher than those for direct bank loans. Because in addition to the handling fee, the guarantee company also needs to pay guarantee fees, interest fees and other fees.
3. Consult other banks
Home buyers must learn to diversify risks. If they cannot get a loan from one bank, the home buyer should carefully understand the reasons why they cannot get a loan. After some analysis, you can consider changing to another bank in this case. Different banks have different requirements and reviews for loan conditions. Therefore, if a home buyer has applied for a bank but has not received any feedback, he may wish to change the bank.
What are the consequences of not being able to get a mortgage loan?
1. Developer’s problem
Failure to get a loan may also be a problem with the developer. Due to the developer’s work Due to personnel negligence and omission of materials, the loan could not be disbursed on time. The home buyer could terminate the contract according to the contract and claim that the developer should bear the liability for breach of contract and refund the down payment.
2. Bank lending is too slow
If it is just because the bank lending speed is too slow and policies are tightened, the lending time generally becomes longer, and it is normal to wait for several months for a loan. . When encountering this situation, when signing a loan contract, you can agree on a loan time. If the bank fails to lend within the specified time, it is a breach of contract on the part of the bank, and the borrower can claim that the bank assumes liability for breach of contract. However, if the loan cannot be approved due to policy changes, it is a force majeure.
3. Personal problems of the home buyer
If the home loan cannot be obtained, it may also be due to incorrect or incomplete materials submitted by the home buyer, or poor personal credit, etc. Then the only option is to terminate the house purchase contract. In this case, the buyer should pay liquidated damages and the seller should return the down payment. Home buyers can consult the loan officer of the lending bank in detail before applying for a loan. The loan officer has a better understanding of the lender's situation and policy requirements, and can solve problems in a more targeted manner.
The above is an introduction to what to do if you can’t get a mortgage loan and what the consequences will be if you can’t get a mortgage loan. There are many reasons why you can’t get a mortgage loan. Home buyers should carefully check the house and house conditions to the best of their ability. Please refer to the main situation, submit information truthfully, try to avoid mistakes, and bear responsibility yourself. Who defaulted on the house loan?
The reason why the house loan cannot be applied is mainly due to problems in one of the three parties: the house buyer, the developer and the lending bank. Specifically, they are as follows: 1. House purchase human reasons.
Generally, the failure to get a mortgage loan is due to the home buyer's fault. This is mainly due to problems with the home buyer's personal credit report or the materials submitted. Generally speaking, banks attach great importance to this aspect. If a home buyer really has problems in this aspect, it will be difficult to obtain a loan. 2. The developer, that is, the house seller. When buying a new house, the developer may have problems. That is, because there are too many buyers, the developer fails to submit materials, or the developer sells a house without a pre-sale permit. Both of these situations will result in the failure to obtain a mortgage. When buying a second-hand house, it is possible that the house seller may have concealed the true condition of the house intentionally or unintentionally, resulting in failure to get the mortgage loan approved by the bank. 3. Bank reasons. Another situation is caused by the bank, that is, due to policies and other reasons, the bank mortgage loan time is lengthened. Faced with this situation, it is recommended that you specify the loan time when signing the loan contract. If the bank fails to provide loans on time within the specified time, the bank can be held liable for breach of contract.
Legal basis:
"Interim Measures for the Administration of Personal Loans" Article 11 Personal loan applications should meet the following conditions: 1. The borrower is a Chinese citizen with full capacity for civil conduct** *Republic of China citizens or overseas natural persons who comply with relevant national regulations; 2. The purpose of the loan is clear and legal; 3. The amount, term and currency of the loan application are reasonable; 4. The borrower has the willingness and ability to repay; 5. The borrower's creditworthiness Good condition, no major bad credit record; 6. Other conditions required by the lender.