Yes, it is illegal to refund the deposit.
Unlike banks that have formed loan agreements before, the interest rate is too high for consumers to refuse. But don't be too tough. After all, people are rich. Talk to the sales manager directly. Generally speaking, you can't return it, but if you really go to court, you will still return it, because the reason why you can't get a mortgage loan is your reason. But according to the contract, you are legal and can refund the deposit in full.
Extended data:
Application conditions for mortgage car purchase:
Having valid identification and full capacity for civil conduct; Can provide fixed and detailed address proof; Have a stable job and the ability to repay the loan principal and interest on schedule; Personal social credit is good; Holding a car purchase contract or agreement approved by the lender; Other conditions stipulated by the cooperation organization.
Pay attention to the loan to buy a car:
1. Hidden costs need to be known in advance: generally, this situation is easy to happen in secondary dealers. In fact, as long as consumers book a car, they should ask clearly about the expenses included in the total price, and whether there are other hidden expenses, such as new car inspection fees and delivery fees, and also pay attention to whether the loan contract is provided by the bank, which is troublesome when using hands-free cars.
2. Car insurance by installment: If consumers choose to buy a car by installment with a credit card, the general car dealers will ask the designated insurance company to handle the car insurance for a specified period, and consumers should pay attention to whether the car insurance price is acceptable.
3. No oral agreement is guaranteed:
Unless consumers apply for unsecured credit loans in the bank and go to 4S stores to buy a car in full, other forms of loans will not get the discount of buying a car in full. At this time, car dealers often verbally promise various concessions to consumers, but the promises that are not on the pen are all on paper. In order to avoid disputes in the future, consumers need to consider when choosing a car loan method.
4. The loan amount should be clear: generally speaking, with personal credit or joint liability guarantee, the maximum loan can be 200,000 yuan; Apply for mortgage with the purchased vehicle or real estate, and the loanable amount is 70%; If a third party applies for secured loans (except banks and insurance companies), the loanable amount is 60%.
5. The repayment method should be clear:
Banks generally provide two repayment methods for users who apply for personal car loans: equal principal and interest and average principal. Among them, the total amount of interest paid by equal principal and interest is larger, but the repayment amount in each period is the same, and the repayment pressure is more balanced; The repayment amount of each period in the average capital is gradually decreasing. Although the total amount of interest expenditure is less than the equal amount of principal and interest, the amount of repayment in the early stage is large, so think twice about whether it can bear it.
After paying the deposit for buying a car, the loan can't be approved. Can the deposit be refunded?
You paid a down payment for the car. If the loan is not approved, the down payment is non-refundable. Deposit means that both parties agree to pay a certain amount of money to each other as a guarantee in order to ensure the performance of debts. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.
After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Extended data:
Article 115th of the Contract Law of People's Republic of China (PRC), the parties may agree in accordance with the Guarantee Law of People's Republic of China (PRC) that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 116 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.
Can I refund the deposit if the car loan is not approved? brief introduction
Buy a car with a loan from a 4S shop, take a fancy to the model, negotiate the price, and need to pay a deposit. Then the 4S shop will help the lender apply for a loan, and the loan approval authority is not in the hands of the 4S shop, so there will be cases where the loan cannot be approved. Can the deposit already paid be refunded? Let's discuss it below.
Can I refund the deposit if the car loan is not approved?
There are two kinds of money paid to the 4S shop before the loan: deposit and deposit. Although one party has to pay a certain amount of money to the other party before the car purchase contract is fulfilled, there is a difference between the two, so everyone should see clearly whether it is a deposit or a deposit before signing the contract.
1. If the deposit is paid, it may not be returned.
Because the deposit is a kind of guarantee, the lender who pays the deposit must buy a car in the 4S shop. If he can't fulfill his obligation to buy a car, he has no right to ask the 4S shop to refund the deposit, but it depends on the situation, that is to say, to find out whose fault the loan was not approved.
If the lender's personal credit conditions are rejected, it can be regarded as the lender's liquidated damages. Generally speaking, 4S stores will not refund the deposit. If you don't want to waste your savings, you can only buy a car in full, or let the 4S shop change to another bank to apply for a car loan. If the car loan is refused because of the 4S shop, the lender can ask the 4S shop to double the deposit.
If the deposit is paid, it can be refunded.
After all, the deposit is not a guarantee, but an intention. The lender does not have to perform the agreed debt. If the car loan is not approved, no matter who is responsible, you can ask the 4S shop for a refund.
The above is "Can I refund the deposit if the car loan is not approved?" I hope it will help everyone.
I paid a deposit for buying a car, but the loan failed. Can I get a refund?
Car loans can't be refunded without a deposit, and the deposit for car loans will generally be handed over to the car dealership.
Only when the dealership refuses to perform the contract does it need to return the deposit, and it will be returned twice.
If the loan fails due to the borrower's own reasons, it is impossible to ask the store to refund the deposit.
However, the borrower can negotiate with the merchant to return part of the deposit.
Car loan refers to the loan issued by the lender to the borrower who applies for buying a car. Automobile consumption loan is a new loan method that banks issue RMB-guaranteed loans to car buyers who buy cars at their special dealers. The interest rate of automobile consumption loan refers to the ratio of the loan amount to the principal given by the bank to consumers, that is, borrowers, for purchasing their own cars (non-profit family cars or commercial vehicles with less than 7 seats). The higher the interest rate, the greater the repayment amount of consumers.
Type of automobile loan
Personal loan car purchase business is divided into direct customers, indirect customers and credit card car loans. The direct customer type is generally a bank car loan for customers to meet directly, and the indirect customer type is generally a car loan from an auto finance company to a customer car loan.
The fees charged by banks for direct car loans include deposit, principal and interest, and 3% guarantee fee. And the bank's premium customer fees will be discounted, but the preferential policies of each bank are different.
In addition to the above fees, personal auto financing companies also need to bear supervision fees, fleet management fees and warranty renewal deposits.
And credit cards, car loans. Credit card installment car loan only provides installment payment for bank credit card users, not all conditions can be handled, and there is an audit procedure, which is difficult for credit card users with bad credit records.
The specific steps of buying a car by credit card in installments are roughly as follows:
1. The cardholder (or applicant) calls the bank's credit card center or goes to the local bank to find out whether he can apply for a credit card car loan.
2. The cardholder will fill in the installment order of car purchase at the dealer with his ID card, and the bank background will review it.
3. After the order is approved, the cardholder pays the down payment and goes through the normal car purchase procedures.
4. After the vehicle is licensed, the cardholder needs to go to the bank to go through the mortgage formalities and purchase the required auto insurance.
Finally, I can drive the car away smoothly.
loan limit
The maximum loan amount generally does not exceed 80% of the price of the purchased car.
Letter of credit clause
1. Have valid identification and full capacity for civil conduct;
2. Can provide a fixed and detailed address certificate;
3. Have a stable occupation and the ability to repay the loan principal and interest on schedule;
4. Personal social credit is good;
5. Holding a car purchase contract or agreement approved by the lender;
6. Other conditions stipulated by the Cooperation Organization.
Application material
1. Original ID card, household registration book or other valid proof of residence, and provide its copy;
2. Proof of occupation and economic income, and running list of personal accounts in recent 6 months;
3 car purchase agreement, contract or letter of intent signed with the dealer;
4. Other documents required by the cooperation agency.