Current location - Loan Platform Complete Network - Bank loan - Can the down payment be refunded if the loan can't be done?
Can the down payment be refunded if the loan can't be done?
If the loan cannot be made, the down payment can be refunded. If it is due to bank reasons, such as tight quota, the buyer can negotiate with the seller to terminate the purchase contract, and the seller should unconditionally refund the down payment for the purchase. If the loan approval is affected by the buyer's own reasons, such as tainted credit record or insufficient repayment ability, it should be solved as soon as possible, such as finding a guarantee company to guarantee or extending the repayment period. No matter what causes the loan to be impossible, the down payment for the house purchase can be refunded. The only difference is whether the buyer needs to pay liquidated damages.

Developer checkout process

1, the buyer wants to check out.

Property buyers should ask the developer to return a house in writing. If the check-out is caused by the responsibility of the developer, the developer should bear all the economic losses caused by the check-out. If the buyer's loan application is not approved, or the two parties cannot reach an agreement on the payment method, the developer will not be responsible.

2. Complete the refund procedure within 15 working days.

After the buyer cancels the house purchase, the developer shall refund all the house payment within 15 working days and terminate the contract. Before the relevant formalities or documents are signed, the developer should pay the monthly principal and interest to the bank for the property buyers.

3. The developer shall pay the liquidated damages if it exceeds 15 days.

If the developer fails to go through the corresponding check-out procedures within/0/5 working days after the buyer applies for check-out, the developer shall pay the buyer a penalty of one thousandth of the total house price per day from/0/6 to the date when the buyer obtains all the house price.

Can I return it if I ask the Housing Authority to help me check out?

Generally speaking, it is ok to ask the Housing Authority to help check out under the conditions approved by the Housing Authority.

For example, developers deliberately conceal the fact that the houses they sell have been mortgaged; Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been demolished for compensation and resettlement; When the developer pre-sold the property, he did not obtain the pre-sale permit, provided a false pre-sale permit, and did not obtain the permit on the day when the buyer filed a lawsuit. According to the law, the purchase contract is invalid and the buyer has the right to return the house.

Legal basis: Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes stipulates that if the main structure of the house cannot be delivered for use because of its unqualified quality, or if it is proved that the main structure of the house is unqualified after delivery, the buyer requests to terminate the contract and compensate for the losses, it shall be supported.