The down payment can be refunded if the loan fails, but whether it involves liquidated damages should be analyzed according to the reasons for the loan failure.

1. If the loan cannot be processed due to the developer's reasons, such as the developer fails to obtain the pre-sale permit or sells an existing house that does not meet the use conditions, the buyer may ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.

2. Because the information provided by the buyers is untrue, the credit history is tainted or the repayment ability is insufficient, the bank can not approve the loan, but the buyers can also return the house, but they must bear the liability for breach of contract.

3. If the loan cannot be obtained due to policy or bank reasons, such as tight bank quota, the buyer should negotiate with the developer to return the house.

Mortgage, also known as house mortgage. Mortgage means that the buyer fills in the mortgage loan application form to the bank and provides legal documents such as ID card, income certificate, house sales contract and guarantee letter. The bank promises to grant loans to the buyer after passing the examination, and handle the notarization of real estate mortgage registration according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the seller's account within the time limit stipulated in the contract.

20165438+the latest survey data of 2003124 October shows that according to the sample data of 10,1-132

Participants in mortgage loans, including commercial banks that provide credit funds, buyers who eventually purchase real estate, and property owners (including developers/second-hand housing owners), also need to participate in the evaluation company and mortgage guarantee company when applying for loans.

Statistics released by Beijing Wancai United Investment Management Co., Ltd., a real estate guarantee company, show that the mortgage utilization rate has reached a high level in major first-tier cities in China at the end of 20 10. In terms of mortgage loans for house purchase, the loan ratio has reached more than 70%, and in recent years, more and more residents have applied for mortgage loans for real estate consumption by using their own names or relatives' real estate. "Mortgage" has become a way of life closely related to residents' lives.

Can I make a down payment if I can't get a house loan?

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. Can and provide corresponding evidence, requiring developers 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. Can and provide corresponding evidence, requiring developers 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.

If the house loan cannot be approved, can the down payment be refunded?

The need depends on the situation. In the case that the loan can be repaid, if the loan cannot be successfully handled due to the bank, the buyer can negotiate with the seller. At this time, the developer needs to refund the down payment, and the buyer does not have to bear the responsibility. In the irretrievable case, if the property buyer cannot apply for a loan for his own reasons, such as his credit is tainted or his repayment ability is insufficient, in this case, the down payment will not be refunded, and he can only cancel the purchase contract and bear the corresponding liability for breach of contract, so when the loan fails, he must be clear about who is responsible.

Can I make a down payment if I can't get a house loan?

Whether the down payment can be refunded or not depends on different situations:

1. If the bank is looking for it, for example, the loan is too tight, then the buyer can negotiate with the seller to terminate the house purchase contract, and the seller should unconditionally refund the down payment.

2. If the loan approval is affected by the buyer's own reasons, such as tainted credit record or insufficient repayment ability, the first thing to do is to find a solution, 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, the buyer needs to bear the liability for breach of contract, pay liquidated damages to the seller, and the seller should return the deposit.

Therefore, no matter what causes the loan to be impossible, the down payment on the house purchase can be refunded. The only difference is whether the buyer needs to pay liquidated damages.

Article 577 of the Civil Code of People's Republic of China (PRC) * * * If one party fails to perform the contractual obligations or the performance of the contractual obligations is not in conformity with the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people or the arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people or the arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

The down payment was paid, but the loan didn't come down. Can the down payment be refunded?

First, under normal circumstances, according to the general format contract, bank loans can not be approved, and it is difficult to get back the down payment for buying a house;

Second, if the loan project does not meet the loan conditions of the bank because of the developer, in this case, you can get back the down payment, at least you can get back most of the down payment;

3. If it is specified in the contract that the down payment is to be returned because the bank loan cannot be processed, the buyer may request the down payment to be returned if the bank loan cannot be obtained.

Housing loan, also known as housing mortgage loan, is an application form for housing mortgage loan, ID card, income certificate, housing sales contract, guarantee and other legal documents filled out by the buyer to the loan bank. , must be submitted. After passing the examination, the loan bank promises the loan to the buyer, and handles the real estate mortgage registration and notarization according to the house sales contract provided by the buyer and the mortgage loan contract concluded between the bank and the buyer. The bank directly transfers the loan funds to the sales unit within the time limit stipulated in the contract.

General real estate mortgage loans need to be handled by professional real estate guarantee companies. Real estate mortgage loan has become an important means of real estate financing for individual residents. Loans are issued through mortgage loans to meet temporary consumption needs and even business needs, so as to revitalize the real estate held by residents. Moreover, among various financing channels, real estate mortgage loan is still one of the lowest cost ways.

1. Application materials.

(1) Borrower's valid ID card and household registration book;

(two) proof of marital status, unmarried need to provide proof of unmarried, divorce need to issue a civil mediation or divorce certificate (indicating that they have not remarried after divorce);

(3) To get married, you need to provide your spouse's valid ID card, household registration book and marriage certificate;

(4) The borrower's income certificate (salary income certificate or tax payment certificate for half a year);

(5) Property right certificate of real estate;

(6) Guarantor (ID card, household registration book, marriage certificate, etc. Is required).

Second, matters needing attention.

(1) The loan can only use collateral, and the sum of the loan amount and the interest during the loan period cannot exceed 65,438+0/2 of the assessed value of collateral;

(2) Having a long-term and stable income source, which is sufficient to pay the monthly loan principal and interest;

(3) guarantor;

The loan needs to pay lawyer's witness fee, mortgage registration fee, mortgage property insurance fee, property appraisal fee, etc.

It usually takes about 1 month to get a loan.

Can I get a down payment if I can't get a loan?

If the loan fails, the down payment can be refunded. If it is because of the buyers' own reasons, such as tainted credit records or insufficient repayment ability, the loan approval should be affected. First, try to solve it, such as looking for a guarantee company to guarantee or extending the repayment period. Legal basis: Article 1 14 of the Contract Law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the breach of contract, or may agree on the calculation method of compensation for losses caused by breach of contract. Generally speaking, the upper limit of the contract penalty is not more than 30% of the actual loss. But if it is too high or too low, you can ask for reduction or increase.

1. What are the reasons why the loan is not coming?

1. Credit problem: Bad credit records affect loans. The lender's credit gap also means that there is no credit card, no loan, and there is no way for lending institutions to refer to it. Too many records of credit inquiry will also affect loans;

2. Income problem: the lender's income is relatively low, and the bank will refuse the loan considering its inability to repay;

3. Liabilities: After investigation, the bank found that the lender was heavily in debt, so it would reject the lender's application.

Second, the solution to the rejection of loan application:

1. Timely remedy: analyze the reasons why the loan cannot be processed, take remedial measures and resubmit the loan application;

2. Change the loan bank: If the loan does not meet the requirements of this bank, change to another bank. Different banks have different requirements, and some banks have lower requirements, but the application amount is small;

3. Find a guarantee company: If you really can't get the loan, you can find a guarantee company to guarantee yourself, but the guarantee company needs a higher handling fee. Lenders should fully consider their own reasons and decide whether they need a guarantee company.

Mortgage loan refers to a credit method in which a borrower applies for a loan from a bank with his own or a third person's property as collateral for buying a car, buying a house or operating a business, and the borrower repays the principal and interest to the bank in installments or at one time.

3. What conditions should the lender meet? (1) The actual age of a natural person with full capacity for civil conduct on the loan maturity date is generally no more than 65 years old;

(2) Having permanent residence and permanent residence in this Municipality; Have a legitimate occupation and a stable source of income, and have the ability to repay the loan principal and interest on schedule;

(3) Willing and able to provide real estate mortgage recognized by the lender;

(4) Some people of real estate * * * recognize their loan and guarantee behaviors and are willing to bear relevant legal responsibilities.

4. What conditions should a mortgaged house meet?

(1) The property right of the house shall be clear, meet the listing and trading conditions stipulated by the state, and can be traded in the real estate market without other mortgage;

(2) The age of the house (calculated from the date of completion of the house) and the loan period shall not exceed 40 years;

(3) Mortgaged houses are not included in the local urban reconstruction plan, and there are real estate licenses and land certificates issued by real estate departments and land management departments;

(4) The owner of the collateral can be the borrower himself or others. If another person's property is used as collateral, the mortgagor must issue a written commitment to the borrower to apply for a loan with his property as collateral, and ask the mortgagor, his spouse or other property owners to sign it.

5. What information should be submitted for housing mortgage loan? The borrower needs to provide the following information:

(1) ID card and household registration book;

(2) Personal income certificate (stamped with the official seal of the unit);

(3) A copy of the employer's business license (with official seal);

(4) marriage certificate;

(5) The borrower's spouse's ID card and household registration book;

(6) The original and photocopy of the house ownership certificate and the original house purchase agreement;

(7) The notarial certificate of the house owner and the owner of * * * agreeing to mortgage and the certificate of loan use.