Legal analysis: If the house purchase loan cannot be approved, the deposit can be refunded. There are many factors that affect mortgage, such as developers, individuals, banks and so on. If the loan is not approved due to the developer's failure to obtain a pre-sale permit or the sale of an existing house that does not have the conditions for use, the buyer may ask the developer to refund the down payment and its deposit. If property buyers have problems, they can still apply for check-out. If it causes losses to the developer, it also needs to pay the corresponding liquidated damages.

Legal basis: Article 588 of the Civil Code of People's Republic of China (PRC) stipulates both liquidated damages and deposit. If one party breaches the contract, the other party may choose to apply the penalty or deposit clause. If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may request compensation for the losses exceeding the deposit amount. "Measures for the Administration of Commercial Housing Sales" Article 3 The sale of commercial housing includes the spot sale of commercial housing and the pre-sale of commercial housing. The term "spot sale of commercial housing" as mentioned in these Measures refers to the act that a real estate development enterprise sells a commercial housing that has passed the completion acceptance to a buyer, and the buyer pays the house price. The term "pre-sale of commercial housing" as mentioned in these Measures refers to the act of real estate development enterprises selling commercial housing under construction to buyers in advance, and the buyers pay the deposit or house price.

If the mortgage fails, can the house purchase deposit be refunded? Why?

If the mortgage fails, the deposit for buying a house is non-refundable. Because this mortgage is not force majeure, the director has the right not to refund the deposit. The new mortgage policy is an objective change, so buyers can only submit to humiliation, and there is no way to go to court, because there is no reason. Therefore, after paying the deposit, the buyer will bear the irrecoverable loss of the deposit, so it must be cautious before paying the deposit.

Can I refund the deposit for buying a house?

Of course, it is non-refundable, because the deposit exists in the legal sense to protect the rights and interests of the seller, and the amount cannot exceed 30% of the total amount. Generally speaking, when signing a contract, the buyer must look at the proportion of the deposit. If it is too high, he can apply for supervision. Don't be so silly, sign a high deposit. However, because there is no way to pay the house payment on time with the house purchase loan, the real estate agent has the right not to refund the deposit. Because the purchase loan is not force majeure, force majeure mainly includes natural disasters and man-made disasters, such as earthquakes and floods. Therefore, property buyers can only silently bear or go to court again, but the possibility of winning is relatively small.

Be sure to think more before paying the deposit, and don't pay it rashly.

Now many real estate developers and buyers will have various contradictions because of the deposit, so before paying the deposit, buyers must see if they can get a loan. Property buyers can check their credit information and fixed assets under their names. If the credit information is poor and there are no large fixed assets in its name, it may not be possible to apply for a mortgage loan. At this time, you can't pay the deposit any more. You should avoid risks in advance and not suffer losses.

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Mortgage is very important. Now many people will apply for loans when buying a house, otherwise they will not be able to buy a house. When applying for a loan, both husband and wife can provide corresponding asset certificates, which can also make the loan processing faster.

Can I refund the deposit if I can't get the second-hand mortgage?

You can ask the intermediary to refund the deposit.

According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the buyer fails to conclude a commercial housing secured loan contract due to one party's reasons, the other party may request to terminate the contract and compensate for the losses.

If the Commercial Housing Guarantee Loan Contract cannot be concluded and the Commercial Housing Sales Contract cannot be continued due to reasons not attributable to both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer.

Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts specifically stipulates: "

The seller accepts the buyer's deposit as the guarantee for concluding the commercial housing sales contract by subscription, order or reservation. If a contract for the sale of commercial housing cannot be concluded due to one party, it shall be handled in accordance with the provisions of the deposit law; If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.

Interpretation of deposit in Judicial Interpretation of Guarantee Law Article 122 If the main contract cannot be performed due to force majeure or accidents, the penalty of deposit shall not apply.

Based on the above legal provisions, you can ask the other party to refund the deposit.

Extended data:

Matters needing attention in delivering the deposit:

The deposit is not as much as possible.

The amount of deposit is generally determined according to the negotiation results of the buyers and sellers of second-hand houses, but other factors need to be considered. According to China's Guarantee Law, the amount of the deposit cannot exceed 20% of the subject matter of the main contract, and the excess is not protected by law.

Understand the penalty of deposit

The so-called deposit penalty is actually the embodiment of the deposit guarantee function. If the party paying the deposit defaults, then the defaulting party has no right to get the deposit back; If the party receiving the deposit defaults, the defaulting party will double the deposit.

Then the specific implementation conditions: first of all, if the deposit penalty is to be realized, then the deposit contract must be legal and established. The deposit contract must be presented in writing, and the oral agreement is invalid. Secondly, if the seller fails to perform the contract normally due to breach of contract, it needs to return the deposit twice to the payer.

If the mortgage is not approved, can the down payment be refunded?

The deposit is non-refundable, otherwise it will not be called a deposit.

The down payment must be refunded. The so-called down payment is the down payment. Obtaining goods is the premise of payment. Since the house is no longer sold as a commodity, it is of course necessary to pay back the money!