After paying the down payment for buying a house, the mortgage has not come down, which can be divided into the following situations:
(1) If the failure to conclude the mortgage loan contract is caused by the developer, such as the developer's incomplete procedures or the bank's belief that the developer lacks the guarantee ability, the buyer can't continue to perform the contract because he can't handle the mortgage, and the buyer can not bear any responsibility, and even ask the developer to bear the responsibility.
(2) If the loan cannot be processed due to reasons not attributable to both the developer and the buyer, the buyer may also request to cancel the contract and refund the down payment for the house purchase. The reasons that can't be blamed on both sides are mainly policy factors, such as the adjustment of national loan policy, the regulation of real estate market, and the limitation of bank loan scale. If this happens, buyers can also request to return a house and refund the down payment.
(3) If it is due to the buyer's own reasons, such as incomplete information provided by the buyer or the buyer's lack of repayment ability, the bank thinks that the buyer does not meet the loan conditions and refuses to lend, resulting in the inability to conclude a loan contract. If the buyer requests to cancel the concluded sales 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 you can't pay the house price, the developer can charge the buyer for breach of contract according to the contract.
Modern urbanites are eager to own their own nests, and commercial housing transactions have become a civil legal act that almost every ordinary person will encounter in recent years. In the sale of commercial housing, most buyers will choose the form of mortgage loans to alleviate the economic pressure. However, if there are problems in the process of handling loans, it may lead to the failure of commercial housing transactions and trigger a series of legal disputes.