If you cannot get the down payment on a home purchase loan, you can apply for a refund. However, if the home buyer cannot get the loan due to his own reasons, you will need to bear liquidated damages when you apply for a refund of the down payment when you check out. If the loan cannot be obtained due to the developer's reasons, the developer can be asked to refund the down payment and compensate the home buyer.

Reasons for failure to approve housing loans

1. Developer’s reasons:

If the contract stipulates that the mortgage loan bank is not implemented due to the developer’s reasons, or the mortgage loan is not reported in time. Submitting mortgage loan materials, etc. causes the bank mortgage loan to be unable to be processed, causing the contract between the two parties to be unable to be performed, and the purpose of the contract to be unable to be achieved. According to the contract or the provisions of the Civil Code, the home buyer has the right to terminate the contract, return the down payment, and may require the developer to bear the liability for breach of contract. responsibility.

2. Bank reasons:

If the bank mortgage loan is extended, the loan amount is reduced, or cannot be processed, the two parties will usually have a supplementary contract or agreement, agreeing that the home buyer will choose either the home buyer or the home buyer. If the purchase price is paid within a certain period, the buyer has the right to terminate the contract; if the purchase price is not paid within the time limit, the developer has the right to terminate the contract. For customers who are trading second-hand houses, the buyer and seller have signed a purchase contract, paid a down payment, and gone through the transfer procedures, but the bank loan has not been approved. What should we do?

When encountering this situation, it should be handled on a case-by-case basis: if the loan has been approved by the bank, the buyer and seller can only wait patiently for the loan; if the loan has not been approved, the buyer and seller can negotiate how to pay the balance. , if the buyer is indeed unable to pay the balance, the contract can only be terminated in accordance with the relevant provisions of the contract.

3. House buyer’s reasons:

If the contract stipulates that due to the house buyer’s failure to provide materials in time, or incomplete materials, or false materials, the bank mortgage cannot be processed, resulting in the contract between the two parties. If it cannot be performed and the purpose of the contract cannot be achieved, the developer has the right to terminate the contract and may hold the home buyer responsible for breach of contract.