Legal analysis: if the house can't get a mortgage after the down payment is paid, it will be handled according to the reasons. When trying a contract dispute, the court will generally give priority to the agreement in the contract. 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 the 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 the 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 due to bank reasons, 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 buyer fails to pay the purchase price within the time limit, the developer has the right to terminate the contract.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 577? If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 578? If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.

Article 579? If one party fails to pay the price, remuneration, rent and interest, or fails to perform other monetary debts, the other party may demand payment.

Article 584? If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.