After paying the down payment, you can get a refund if the loan is not approved. No matter what reasons cause the purchase contract to be unable to be fulfilled, such as failure to pass the approval, slow loan, insufficient quota, etc., the down payment can be refunded. However, if it is caused by the home buyer himself, he will need to bear a certain amount of liquidated damages.

What should you pay attention to when buying a house and paying a down payment?

1. Verify that the developer has five certificates. Before buying a house and paying a down payment, buyers should first confirm that there are no problems with the house they choose. First of all, it is necessary to verify whether the developer has five certificates, which include construction land planning license, construction project planning license, construction project construction license, and sales license. When verifying the five certificates, home buyers mainly look at the state-owned Land use certificate and commercial housing pre-sale permit.

2. Pay attention to the terms of the contract

Generally speaking, home buyers need to sign a home purchase contract with the developer when paying the down payment. When signing the home purchase contract, home buyers need to pay attention to Regarding the content in the contract, pay special attention to whether the rights and obligations in the content filled in by both parties are equal. Some developers have already filled out the contract text in advance and even filled in the supplementary clauses themselves. Most of these filled-in contract texts contain unequal rights and obligations.

3. Clarify the delivery time and liability for breach of contract

Before paying the down payment for buying a house, buyers need to pay attention to whether there is a clear delivery time and liability for breach of contract in the purchase contract, and also whether the delivery is delayed. There is compensation etc. The delivery date must be confirmed in the contract, and the delivery date must be clear to the year, month, and day; do not accept any unreasonable terms that are wordy. If the contract does not stipulate a liquidated damages clause for late delivery, the defaulting party shall pay the contract in accordance with the law. Liquidated damages of 1 to 5% of the total contract price.

Legal basis: "People's Republic of China and Civil Code"

Article 577 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear the liability. Continue to perform, take remedial measures or compensate for losses and other breach of contract obligations.

Article 585 The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the People's Court or the arbitration institution may increase it at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the People's Court or the arbitration institution may appropriately reduce it at the request of the parties. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages.