If you repay the mortgage in advance, you need to pay liquidated damages, but there is no provision in the original loan contract. In this case, it is really hard for buyers to argue.

Buyers encounter a blank contract: the mortgage must pay liquidated damages in advance.

After careful consideration, Mr. Sun finally paid the down payment to buy a house last month, and then the loan process. "I wanted to apply for a mortgage through ICBC, but the ICBC process was too complicated and the time was too long. I don't want to keep thinking about the loan. Relatively speaking, the loan speed of a commercial bank is more than one week faster than that of the four major banks. So I applied for a loan from the bank. "

Mr. Sun recalled that on the day of signing the contract, the staff took out a blank contract. "I'm a little nervous. The staff explained that the housing loan is like this. First, I signed a blank contract, and then I gave it to me. " Thinking about prepayment, Mr. Sun specially consulted the staff about prepayment, and got a verbal promise that "prepayment does not need to pay liquidated damages", so he signed it without hesitation.

After I got the contract, I browsed it and found that there was nothing wrong with other parts, but I was still a little uneasy about the advance payment. So, Mr. Sun deliberately went to see the prepayment, and actually had to pay a penalty of 3% of the principal. "Pit dad, has the owner ever encountered such a situation?" Let's unite and discuss it together. "

Coincidentally, Mr. Fang and Mr. Sun took out loans in the same commercial bank. He said, "The contract also states that the prepayment will be subject to a penalty of 3% of the principal."

Many people think that buying a house is just a dispute with the developer. In fact, in the process of lending, banks also have many traps, and Mr. Sun and Mr. Fang encountered only one of many problems. At present, mortgage is still a seller's market, and it is difficult for buyers to borrow money. In order to get loans in time, many property buyers ignore the trap of banks or have to jump into the trap of banks. So what problems will you encounter during the loan process? How can buyers avoid these problems? How to defend rights when encountering problems?

Once a blank contract is signed, it is difficult for buyers to argue.

Mortgage "blank contract" prevails, what is a blank contract? What should I pay attention to when signing a mortgage contract?

For convenience and reuse, most of the terms in the mortgage contract are pre-drawn and printed to form a standard contract. After reaching an agreement through consultation, several items will be left in the standard contract for both parties to fill in. Sometimes, although the bank and the buyers have agreed on the contents of the blank space, when the buyers sign it, either the blank space is not filled in, or the whole contract is not filled in. This habit of not filling in the whole contract when signing is called a "blank contract" for mortgage loans.

According to Article 39 of the Contract Law: "Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability, and explain the terms according to the requirements of the other party." That is to say, if the bank that provides format terms does not remind the buyer of the unequal format terms in these contracts, then these terms are not binding on consumers.

Article 40 of the Contract Law also specifically stipulates several other situations in which standard clauses are invalid. This article stipulates that if the party providing the format clause exempts its liability, aggravates the other party's liability and excludes the other party's main rights, the clause is invalid. In order to avoid the bank's conscious ambiguity in the interpretation of the unequal format clauses, there are differences in the interpretation of the unequal format clauses after signing the contract. When signing a mortgage contract, buyers must ask the bank to clearly explain these terms and even record them in case of emergency.

Finally, the buyer should refuse to sign an incomplete contract. When signing a contract, the buyer should confirm whether the contents of the contract, especially the blank clauses, are consistent with the agreement one by one, and then sign it. If there are any blanks that don't need to be filled in, they should be crossed out before signing. Because once signed, it is necessary to face the fact that the bank will fill in the blanks afterwards, which is inconsistent with the previous verbal agreement and is beneficial to property buyers. After signing the contract, even if the property buyers find that the contents filled in afterwards are inaccurate or even wrong, there will be disputes at this time, which is in a very unfavorable position due to difficulties in proof.

(The above answers were published on 2015-12-13. Please refer to the actual situation for the current purchase policy. )

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