Current location - Loan Platform Complete Network - Loan consultation - Buying a commercial house can't afford the mortgage loan. What if the developer doesn't refund the down payment?
Buying a commercial house can't afford the mortgage loan. What if the developer doesn't refund the down payment?
"A friend of mine paid a down payment to buy a house, but the mortgage could not be done. Finally, after mediation, the house was returned after paying 570,000 yuan to the real estate company.

Working class, we all feel sorry for him for losing so much money.

What's the matter with you? Is it the buyer's responsibility that the mortgage loan can't be done? What should citizens pay attention to when buying a house? The reporter asked the lawyer to make a summary.

After buying a house, the mortgage loan cannot be done.

Mr Zhou has always wanted to buy a house.

A few years ago, Mr. Zhou finally took a fancy to a set of commercial housing with a total price of 2.54 million in Ningbo.

Like most property buyers, working-class people who don't have much savings intend to apply for mortgage loans from banks.

However, Mr. Zhou's usual income is not stable enough, and his monthly income is not high.

In the process of looking at the house, he also mentioned his concerns with the sales staff, whether the mortgage loan would not work. If not, he can't afford a house.

The staff verbally said that they could help Mr. Zhou to find a loan.

This is just a verbal promise, leaving no written evidence.

Mr. Zhou made a down payment of 770,000 Wanxiang Bank to apply for a mortgage. However, Mr. Zhou was told that he did not meet the mortgage loan conditions and could not apply for a mortgage loan.

The reason given by the bank is that Mr. Zhou's monthly income is not high and his monthly income is not stable enough.

Regarding the bank's refusal to handle the mortgage loan, Mr. Zhou told the lawyer that he had no doubt and could accept it.

With Mr. Zhou's own economic ability, there is really no way to pay the remaining 6.5438+0.77 million yuan for the house purchase.

The real estate agent sued for the remaining house payment and 750,000 yuan as liquidated damages.

If the balance is overdue, it is overdue.

Mr. Zhou thinks that the ideal situation is to check out and not buy.

The real estate company disagreed and thought that Mr. Zhou had breached the contract.

Finally, the real estate company decided to formally sue Mr. Zhou, asking him to pay the remaining 6.5438+0.77 million yuan for the house purchase, and pay the maximum penalty of 750,000 yuan.

In the end, after many mediations with the real estate company, Mr. Zhou compensated the real estate company for liquidated damages of 570,000 yuan and returned the house, and the down payment of 770,000 yuan was also taken back. Although Mr. Zhou regrets this result, he can only accept it.

These 15 cases can be checked out.

After signing the house purchase contract, there are also many cases where you don't want to buy or can't buy it for various reasons. According to the current law, the conditions for buyers to return a house are more stringent.

Lawyer Zhang Feng and his colleagues specially sorted out the cases handled by buyers in recent years and summarized 15 cases that can be returned.

1. The seller mortgaged the house to a third party without informing the buyer;

2. One room and two sales;

3. There is fraud in the pre-sale permit of commercial housing;

4. The seller intentionally conceals the fact that the house sold has been mortgaged;

5. The seller intentionally conceals the fact that the house sold has been sold;

6. The seller intentionally conceals the fact that the house sold is a house for demolition compensation and resettlement;

7 housing quality problems seriously affect the normal living and use;

8. Delaying the delivery of the house beyond the agreed time limit;

9. Delaying the application for real estate license beyond the statutory time limit (90 days);

10. The mortgage loan contract cannot be signed due to reasons other than the property buyers;

1 1. The quality of the main structure of the house sold is unqualified;

12. The absolute error ratio between the property right area and the area agreed in the contract exceeds 3%;

13. Planning and design changes (the real estate agent has the right to return the house if the buyer is not notified within the agreed time limit from the date of change);

14. The model of the sleeve is inconsistent with the design drawing or the relevant dimensions are out of the agreed error range;

15. The house purchase contract cannot be realized due to force majeure.

If you are worried about not getting a mortgage, you'd better have a supplementary agreement.

Insiders reminded that in the actual process of buying commercial housing, if you choose mortgage payment, buyers must make a correct assessment of their purchasing power. In particular, don't trust others' express, implied and verbal promises easily.

If you are in doubt about whether you can successfully apply for a mortgage loan, you can make an agreement in the process of signing the contract to avoid risks. It is best to clearly stipulate in the supplementary agreement. For example, if the mortgage loan cannot be agreed, the developer can choose to cancel the contract with a full refund or pay the final payment in installments. If developers do not agree with this situation, property buyers should fully consider whether they can take risks.