Interpretation of the Supreme People on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Cases Article 17 If the commercial housing sales contract does not stipulate the amount of liquidated damages or the calculation method of loss compensation, the amount of liquidated damages or loss compensation can be determined with reference to the following standards: if the payment is overdue, the people's bank of China shall be consulted according to the unpaid total purchase price. ...

Second, the down payment of the house loan can't pay the liquidated damages.

It is force majeure to distinguish the reasons why loans cannot be made because of national policies. Both parties can terminate the contract without paying liquidated damages. If the loan cannot be made for its own reasons, it shall pay liquidated damages or deposit as agreed in the contract. If there is no agreement in the contract or the deposit is not paid, it shall compensate for its actual losses.

Third, the down payment of the house loan can't pay the liquidated damages.

It is necessary to distinguish the reasons. If the loan cannot be made because of national policies, it is force majeure, and both parties can terminate the contract without paying liquidated damages.

If the loan cannot be obtained due to our reasons, we shall pay the liquidated damages or deposit as agreed in the contract. If there is no contract or deposit, we will pay the actual loss.

Guangzhou Chen lawyer office

4. how much should I pay if I pay the down payment for buying a house and the loan is still not coming down?

Subjective method: you can return a house if you don't pay the down payment, but generally you need to bear the responsibility for breach of contract. If the loan cannot be paid because of the bank's lending policy, you can negotiate with the developer and ask the other party to return the deposit. In addition, developers can't return the deposit.

Legal Objectivity: Interpretation of the Supreme People on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Cases Article 19 The commercial housing sales contract stipulates that if the buyer fails to conclude a commercial housing secured loan contract for one reason, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, 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.