If the house can't get a mortgage after the down payment, it will be handled according to the reason why it can't get a mortgage. When trying a contract dispute, the court will generally give priority to the agreement in the contract. Therefore, it is the most important basis to stipulate in the contract who will bear the liability for breach of contract if the loan is not approved. If there is no agreement or the agreement is not clear, it shall be handled according to the following principles:
1. developer's reason: if a developer sells a house that is not qualified for sale, that is, if the developer fails to obtain a pre-sale permit or sells an existing house that is not qualified for use, the bank will not grant a loan when reviewing this situation. At this point, the buyer can ask the developer to refund the down payment and deposit, and ask the developer to pay the corresponding interest loss.
2. Reasons for the buyer: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer will be liable for breach of contract.
3. Non-buyer's reasons: if the bank mortgage loan is postponed, the loan amount is reduced or cannot be processed, both parties will generally have a supplementary contract or agreement, stipulating that the buyer will choose, or the buyer will pay the purchase price within a certain period of time, or the buyer has the right to terminate the contract; If the house payment is not paid within the time limit, the developer has the right to terminate the contract.