It will be handled according to the reasons why the mortgage can't be done. In the trial of a contract, the agreement in the contract will generally be given priority. Therefore, it is the most important basis to stipulate in the contract who will bear the liability for breach of contract if the loan is not approved. If there is no agreement or the agreement is not clear, it shall be handled according to the following principles:

1. developer's reason: if a developer sells a house that is not qualified for sale, that is, if the developer fails to obtain a pre-sale permit or sells an existing house that is not qualified for use, the bank will not grant a loan when reviewing this situation. At this point, the buyer can ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.

2. Reasons for the buyer: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer will be liable for breach of contract.

3. Non-buyer's reasons: if the bank mortgage loan is postponed, the loan amount is reduced or cannot be processed, both parties will generally have a supplementary contract or agreement, stipulating that the buyer will choose, or the buyer will pay the purchase price within a certain period of time, or the buyer has the right to terminate the contract; If the house payment is not paid within the time limit, the developer has the right to terminate the contract.

Second, the loan can't come down, can the deposit be refunded?

Because the buyer did not get the bank loan, the down payment could not be refunded; Due to special circumstances and natural factors not attributable to either party, the deposit can be refunded; And the down payment can be doubled because the seller can't get a bank loan. According to Article 586 of the Civil Code, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit. Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

Third, the mortgage cannot be approved. Can the agency fee and deposit be refunded?

After signing the house purchase contract, if the mortgage loan cannot be handled, it shall be handled according to the following circumstances:

If there is an agreement in the contract, it shall be handled according to the agreement.

If there is no agreement in the contract, if it is caused by the responsibility of the purchaser, there is no right to demand the return of the deposit; If it is the seller's responsibility, the seller should double the deposit.

Guarantee law

Article 89 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 used as the price or recovered. If the party paying the deposit fails to perform 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 return the deposit twice.

Fourth, if the loan for buying a second-hand house is not approved, can the deposit be refunded?

The loan for buying a second-hand house can't be approved.

Down payment means that both parties agree to pay a certain amount of money to the other party as a guarantee that exceeds 20% of the target amount of the main contract in order to ensure the performance of the debt. According to the regulations, the party who pays the deposit does not perform the agreed debt and has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return it twice.

Matters needing attention in buying second-hand houses

According to the practice of second-hand housing transactions, the general price of selling a house is often the total house price, not this. Some second-hand houses seem to make buyers feel that the total price is very low, the transportation is convenient, and the cost performance is higher.

However, after comprehensive analysis of the use time of second-hand houses, living room area and other factors, its unit price is likely to be lower than that of first-hand houses in the corresponding regions. Property buyers should pay attention to calculating the unit price and compare it with the surrounding new house prices to achieve a comprehensive market.