I made a down payment and signed a house purchase contract, but CCB refused to grant loans for a long time. What should I do?

First, I paid a down payment and signed a house purchase contract, but CCB did not approve loans for a long time. What should I do?

The reason why the mortgage can't be done is different from the handling of the same situation. In the trial of a contract, the agreement in the contract will generally be given priority. 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 reason:

1. developer's reason: if the developer sells houses that are not qualified for sale, that is, the developer has not obtained pre-sale houses, the bank will find this situation and refuse to lend. At this time, property buyers can ask developers to pay the corresponding interest losses.

2. Buyer's reason: If the information provided by the buyer is untrue, or the buyer's credit record is bad, the bank will be liable for breach of contract.

3. Non-buyer-seller reasons: If the loan due to the buyer cannot be realized due to the change, the buyer shall negotiate with the developer, and the negotiation fails. Property buyers can prove that they are not at fault and are really unable to buy a house, and ask the developer to repay the down payment and deposit.

(2) The laws of China stipulate that:

According to the provisions of Article 23 of the Supreme People's Court's Interpretation on the Trial of Commodity Issues, if it is stipulated in the commercial housing sales contract that the buyer pays by secured loan, the parties concerned

If one party fails to conclude a secured loan contract for commercial housing, resulting in the failure to continue to perform the commercial housing sales contract, the other party may request to terminate the contract and compensate for the losses. Because it can't be blamed on both sides.

If the commercial housing loan contract is secured and the commercial housing sales contract cannot be continued, the seller shall return the principal and interest or deposit of the purchased house price to the buyer.

(III) Matters needing attention when the loan is not approved in case of breach of contract:

At present, there are quite a few cases. For various reasons, bank loans have not been approved, and there will be check-outs. In the specific implementation, apply for a loan, so

Remind buyers to indicate in the contract as far as possible that "if the loan cannot be handled, the buyers can terminate the contract, do not bear the liability for breach of contract, and the developer needs to return the down payment". In addition, we should also pay attention to:

1. If an application is made, the buyer shall be liable for breach of contract.

2. If the buyer signs a loan contract and a mortgage contract with the bank, but the bank does not assume the liability for breach of contract to the developer, it can claim the liability for breach of contract from the bank according to the loan contract.

In short, remind the public that when buying commercial housing, we must first seriously consider our economic ability. If mortgage loans are adopted, they should carefully understand the procedures and cautiously apply for bank mortgage loans in advance.

Read all the contract terms that need to be signed to understand the legal significance of the terms. You'd better ask a lawyer to sign the contract with you. Lawyers can explain the terms and legal nature of deposits for you to prevent possible risks. most

Later, the developer was also required to indicate in the contract that "the application for bank loans can not reach the expected amount, or the bank refuses to lend, and the house purchase fails, and the house payment can be exempted and returned."

Loans can be avoided if they do not appear.

Second, I made a down payment and signed a house purchase contract, but CCB refused to grant loans for a long time. What should I do?

There are many reasons why mortgage cannot be done, so in practice, different situations have different treatments, and the agreement in the contract will generally be given priority in the trial of 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 unclear, it shall be handled according to the following principles: 1. Reasons of the developer: If the developer sells houses that are not qualified for sale, that is, if the developer fails to obtain a pre-sale permit or sells existing houses that are not qualified for use, the bank will not grant loans 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-seller's reasons: If the government policies or bank regulations change and the loan that the buyer should get cannot be realized, the buyer should negotiate with the developer. If negotiation fails, there is no agreement in the contract. Property buyers can prove that they are not at fault and are really unable to buy a house, and ask the developer to repay the down payment and deposit. (II) China's legal provisions: According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Cases, the commercial housing sales contract stipulates that if the buyer fails to conclude a commercial housing secured loan contract due to one party, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer. (3) Precautions for not approving loans: At present, many property buyers have not approved bank loans for various reasons after signing the purchase contract, and there will be returns. In the specific implementation, many real estates are uniformly designated by developers to handle loans, so it is necessary to remind buyers to indicate in the contract as far as possible that "if loans cannot be handled, buyers can terminate the contract, do not bear the liability for breach of contract, and developers need to return the down payment". Also note: 1. If the bank doesn't accept the loan application at all, the buyers themselves will bear the responsibility for breach of contract. 2. If the buyer signs a loan contract and a mortgage contract with the bank, but the bank fails to lend money on time, the buyer can claim the liability for breach of contract from the bank according to the loan contract after assuming the liability for breach of contract to the developer. In short, remind the public to seriously consider their economic ability when buying commercial housing. If mortgage loans are used, they should carefully understand the procedures and requirements for applying for bank mortgage loans in advance. When signing a contract with a developer, they should carefully read all the contract terms that need to be signed and understand the legal significance of the terms. It's best to ask a lawyer to sign the contract with them. Lawyers can explain the terms and legal nature of deposits for you to prevent possible risks. Finally, the developer should be required to indicate in the contract that "the application for bank loan fails to reach the expected amount, or the bank refuses the loan and fails to purchase the house, the house payment can be exempted and returned." In this way, when the loan does not appear for its own reasons, it can avoid the loss of its own interests.

I made a down payment and signed a house purchase contract, but CCB refused to grant loans for a long time. What should I do?

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-seller's reasons: If the government policies or bank regulations change and the loan that the buyer should get cannot be realized, the buyer should negotiate with the developer. If negotiation fails, there is no agreement in the contract. Property buyers can prove that they are not at fault and are really unable to buy a house, and ask the developer to repay the down payment and deposit.

(2) The laws of China stipulate that:

According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Cases, it is stipulated in the commercial housing sales contract that the buyer pays by secured loan for the reasons of the parties.

If the commercial housing loan contract is secured and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the house purchase price and its interest or deposit to the buyer.

(III) Matters needing attention when the loan is not approved in case of breach of contract:

At present, many property buyers have signed purchase contracts. Due to various reasons, bank loans have never been approved, and there will be returns. In the specific implementation, many properties are uniformly designated by developers to handle loans, so

1. If the bank does not accept the loan application at all, the buyer shall be liable for breach of contract.

2. If the buyer signs a loan contract and a mortgage contract with the bank, but the bank fails to lend money on time, the buyer can claim the liability for breach of contract from the bank according to the loan contract after assuming the liability for breach of contract to the developer.

In short, remind the public that when buying commercial housing, we must first seriously consider our economic ability. If mortgage is adopted, they should carefully understand the procedures and requirements for applying for bank mortgage in advance and be cautious when signing contracts with developers.

After that, the developer should be required to indicate in the contract that "the application for bank loan does not reach the expected amount, or the bank refuses the loan and fails to purchase the house, the house payment can be exempted and returned." This is not your own fault.

When the loan fails to appear, it can avoid damage to its own interests.

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