Of course. First determine the reasons why the loan can't be done, check whether the information submitted by the loan is correct, and then remedy it. The down payment is generally refundable, in three specific cases: it is impossible to apply for a mortgage for its own reasons. I can refund the down payment to you, but at this time, the buyer needs to pay a certain penalty to the developer. The loan can't be done because of the developer. You can ask the developer to refund the down payment, down payment and interest loss. The change of policy led to the failure of mortgage. You can sue and provide corresponding evidence, and ask the developer to refund the down payment and deposit.

Legal analysis: Yes. First determine the reasons why the loan can't be done, check whether the information submitted by the loan is correct, and then remedy it. The down payment is generally refundable, in three specific cases: it is impossible to apply for a mortgage for its own reasons. I can refund the down payment to you, but at this time, the buyer needs to pay a certain penalty to the developer. The loan can't be done because of the developer. You can ask the developer to refund the down payment, down payment and interest loss. The change of policy led to the failure of mortgage. You can sue and provide corresponding evidence, and ask the developer to refund the down payment and deposit.

1. Remedial loan

If you can't get a loan, you should first communicate with the bank clerk to find out why your loan can't be approved. If the problem lies in the buyer's own credit, running water and liabilities, it is suggested to increase the down payment and reduce the loan application amount, and then apply for a loan from the bank after the information is fully prepared.

Step 2 change banks

Generally speaking, eggs should not be put in the same basket. The same is true for applying for a mortgage. If the bank responds slowly, you might as well change banks. Different banks have different regulations and audits on loan conditions. Maybe the same conditions have passed in other banks!

Step 3 find a guarantee company

If it is because the qualifications of buyers are not very good, resulting in loans can not be done, but especially want to buy this house, you can find a guarantee company loan. It should be noted that the cost involved will be higher than that of direct bank loans. Because the guarantee company not only needs the borrower to pay the handling fee, but also needs to pay the guarantee fee, interest fee and other expenses.

Step 4 refund the down payment

I believe everyone is very concerned about whether the down payment can be refunded if the loan can't come down. Some friends want to refund the down payment directly, so they can only negotiate with the owner, mainly in the hope that the contract can be terminated without breach of contract and any responsibility and compensation. If the last family doesn't want to, just agree to compensation slightly, depending on how you negotiate.

Whether the down payment can be refunded depends on different situations.

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.

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. If it still can't be solved, we can only cancel the purchase contract. In this case, property buyers need to bear the liability for breach of contract and pay compensation.

Legal basis: Article 586 of the Civil Code (implemented from 202 1 1).

The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

The mortgage has not been settled yet! Can the down payment be refunded?

The mortgage can't be done, and whether the down payment can be refunded depends on the situation.

1. The mortgage can't be done because of the developer: If the mortgage can't be done because of the developer's reasons (for example, the developer didn't get a pre-sale permit or sold an existing house that didn't meet the use conditions), then the developer can be required to refund the down payment, down payment and interest loss.

2. Unable to apply for mortgage due to its own reasons: If the information provided is incomplete or untrue, or if personal credit is tainted, it is impossible to apply for mortgage, you can also apply for house return, but at this time you need to pay a certain penalty to the developer.

3. Unable to apply for mortgage due to policy change: If it is impossible to apply for mortgage due to policy change, you can negotiate with the developer to return the house and ask for a refund of the down payment. If negotiation fails and there is no clear agreement in the purchase contract, you can sue and provide corresponding evidence to ask the developer to refund the down payment and deposit.

To sum up, 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 house buyer needs to pay liquidated damages.

Extended data:

Precautions for buying a house:

1. Before buying a house, you must verify whether the developer's "five certificates and one photo" are complete, including the qualification certificate of real estate development enterprise, state-owned land use certificate, construction project planning permit, building construction permit, pre-sale permit of commercial housing, business license of enterprise legal person, etc.

2. Under normal circumstances, when buying an auction house, the salesperson will inform the buyer of an approximate delivery time. However, due to the influence of many external factors on the progress of the project, the incident of delaying the delivery of the house has occurred from time to time.

3. When buying a house, you should also calculate the decoration time. It is suggested that buyers should make preparations in advance when choosing an auction house as a wedding room, and it is best to arrange the wedding date nine months after the expected delivery time to cope with various emergencies.

4. If your own economic conditions permit, it is best to find a suitable house according to the funds at hand after choosing the purchase area to see how big a house you can buy.

Can I get a down payment if I can't get a house loan? Does anyone know?

Hello, if you can't get a loan for buying a house, then the down payment can be refunded. However, according to the relevant provisions of the contract, if you can't get a loan for personal reasons, you can negotiate with the developer. At this time, you can refund the down payment, but you may need to pay a certain penalty. But if you can't get the loan because of the developer, you can cancel the contract with the developer, get back the down payment and ask the developer to compensate you for your own losses. There are many reasons why the house loan can't be done. Whether the down payment can be refunded depends on the situation. The most important thing is that the contract stipulates who will bear the liability for breach of contract if the loan is not approved, which is the basis for judging whether the down payment can be refunded. If there is no agreement in the contract or the agreement is unclear, it shall be handled in the following two cases:

1. Due to the developer's reasons, the house cannot be loaned. It is the property buyers who ask the developers to refund the down payment and deposit, and at the same time let the developers pay the corresponding interest losses.

2. If the loan cannot be obtained because of the property buyers, the developer can hold the property buyers accountable and pay a certain penalty.

The above contents are for reference only, I hope I can help you. Thank you for your support to Kanfangwang. I wish you a happy purchase!

Can the down payment be refunded if the mortgage can't be done?

1, you can get your down payment if the mortgage is not done.

2. Failing to get a mortgage can generally be divided into three situations: first, it can't be done because of personal credibility, second, it can't be done because of policy changes, and third, it can't be done because of developers. In the first two cases, liquidated damages can be deducted when applying for refund of the down payment. In the third case, the developer may be required to refund the down payment, down payment and lost interest.

3. If you can't get a mortgage, if the buyer has already paid the down payment, you can negotiate with the developer to return the house and ask them to return the down payment. If negotiation fails, and there is no clear stipulation in the purchase contract, the developer can charge a certain penalty. If the developer does not return the down payment, you can sue and provide relevant evidence to ask the developer to return the down payment and deposit.