But it should be noted that property buyers who want to apply for mortgage loans. Be sure to confirm whether you can successfully apply for a loan in the bank before paying the deposit, otherwise the deposit will be risky.
Case 1: Mr. Lin is going to buy a real estate project. After signing a "subscription book" with the developer and paying a deposit of 20 thousand yuan, he intends to buy it by mortgage. At the same time, the two sides agreed on the time to sign the formal Commercial Housing Sales Contract. But in the end, when Mr. Lin applied for a loan, he was rejected by the bank and could not continue to buy a house, so the developer refused to refund Mr. Lin's deposit.
Case 2: Miss Wang is engaged in small business with a monthly income of 3,000 yuan. She took a fancy to a second-hand house with a bid of 500,000 yuan in Chaoyang District, and decided to buy a house with a mortgage loan from the bank because she could make a down payment of 30%. Because there is no unit, the usual income is in and out of cash, so it is impossible to provide the income certificate and passbook daily account with official seal required by the bank. Miss Wang is worried about whether the loan application can be approved. But the intermediary said that the intermediary can act as an agent. Miss Wang, who was eager to buy a house, paid a deposit of 20 thousand yuan and signed a subscription contract to let the intermediary bargain with the owner. Finally, the buyer and seller negotiated a deal of 450,000 yuan, signed a sales contract and paid the down payment.
Recently, however, the intermediary told Miss Wang that the bank failed to pass the examination and approval and asked her to find a way to raise money. Because there is nowhere to raise money at the moment, Miss Wang asked to cancel the purchase contract. However, the intermediary and the owner said that they could only check out the money, and the deposit of 20 thousand yuan could not be refunded. Miss Wang said that at that time, the intermediary promised to buy it, and the responsibility lay with the intermediary, and the deposit had to be refunded, so the two sides were deadlocked.
There are three main reasons why banks refuse to handle personal housing loans: personal reasons, developer reasons and policy risks. Personal reasons: the main reason may be that the borrower has a serious bad credit record, the repayment ability can not meet the loan conditions, and fraudulently provides false application materials. For individuals who have a second home loan, we should also check whether there are still outstanding loans. Reasons for the developer: Generally, if the developer does not have the development conditions, the developer's development procedures are incomplete, the developer has serious credit problems, or the developer has a major lawsuit that affects his solvency, the bank will refuse to apply for a loan, because the developer does not have the guarantee ability at this time. Policy reason: The so-called policy risk may be due to the introduction of new policies and regulations by the financial management department, which makes the lender fail to meet the application conditions and is finally rejected by the bank.
Lawyer analysis: the subscription contract and the sales contract of the first-hand house belong to the format contract, and developers generally do not establish some agreements with customers. Therefore, customers should be cautious when paying the deposit to subscribe for the house. If they are not at ease, it is best to provide detailed instructions to the mortgage service agency entrusted by the bank designated by the developer, so that they can ask the bank to conduct a preliminary audit to determine the maximum loan amount, and then pay a deposit to sign the subscription contract. Second-hand houses are much more flexible. Since the subscription contract and the sales contract are agreed by both parties, we can negotiate with the owner. When signing the contract, they will list their own situation and add that when the transaction fails because the bank loan is not approved, they need to return the deposit unconditionally.
The lawyer said that in the above-mentioned case of Miss Wang, the intermediary was at fault and the intermediary should bear certain liability for compensation. However, for how to determine the reasons for not approving the loan, the property buyers need to submit relevant evidence to prove that it is not their own problem before they can ask for the return of the deposit. Lawyer's Reminder: Lawyer Chen Nan said that, in fact, buyers must sign relevant agreements with developers before their own interests, whether signing subscription contracts or house sales contracts, especially when buying faster houses, because they can't see the physical building, it will inevitably be inconsistent with the conditions promised by developers after completion. Therefore, as long as the relevant commitments are written into the contract before, many disputes will be avoided. In addition, when there is a dispute, don't talk lightly about litigation. You must do sufficient investigation and evidence collection first, and carefully study the contract and legal terms. It is best to consult a lawyer, get professional legal help and safeguard your legitimate rights and interests.
(The above answers were published on 2015-12-14. Please refer to the actual situation for the current purchase policy. )
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