1. Can I check out if the bank loan is not approved?

There are several situations:

1. If it is due to bank reasons, such as a tight quota and the inability to lend, then the home buyer can negotiate with the seller to terminate the home purchase contract and does not have to bear liability for breach of contract. The seller should return the down payment of the house unconditionally;

2. If it is caused by the developer or the bank, you can get a full refund and the developer will also compensate you for the bank interest for the same period;

3. If the loan cannot be granted due to personal reasons, the developer has the right to charge a certain amount of liquidated damages according to the agreement in the purchase contract! See the stipulations in your home purchase contract for details.

4. In summary, no matter what the reason is that the loan cannot be obtained, the down payment of the house purchase is refundable. The only difference is whether the home buyer needs to pay liquidated damages.

Extended information: According to the legal basis, the "Contract Law" stipulates that the parties shall fully perform their obligations in accordance with the agreement. A party that fails to perform its obligations will be liable for breach of contract.

The "Contract Law" also stipulates that both parties can terminate the contract by consensus.

Therefore, consumers can negotiate with the developer to terminate the contract.

However, if the contract cannot be performed due to force majeure, liability shall be partially or fully exempted based on the impact of force majeure, unless otherwise provided by law.

At the same time, it is stipulated that if one party is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to reduce the possible losses to the other party, and shall provide proof within a reasonable period. What is force majeure? Force majeure is an objective situation that cannot be foreseen, avoided, or overcome.

If your current situation meets this situation, you can notify the other party that you cannot perform the contract.

Some or all liability may be waived at this time. Calculation method (1) Liability for breach of contract depends on the contract and legal provisions, and the agreement takes precedence.

Therefore, if the liability for breach of contract is stipulated in the contract and the specific amount of liquidated damages is specified, the stipulation shall prevail; if there is no agreement, it shall be handled in accordance with the legal provisions. For example: if the party paying the deposit defaults, the deposit shall not be returned; the deposit shall be collected If one party breaches the contract, double the deposit will be returned.

If both parties are at fault, the liability will be shared according to the degree of their respective faults.

If the liquidated damages are not enough to make up for the losses, the breaching party may be required to compensate the other party for the losses suffered; if the liquidated damages are too high, the breaching party may also be asked to reduce the amount of compensation. (2) Agreement on liquidated damages for check-out 1. Regarding whether the developer pays liquidated damages and the amount or proportion of liquidated damages, you should check the corresponding terms of the house sales contract signed with the developer. Generally, it will be clearly stated in the contract. According to the agreement, you can file a lawsuit against the developer based on this contract and the developer's breach of contract, requiring the developer to pay liquidated damages for failure to perform the contract.

2. As for the terms of the check-out agreement, there is no unified format. The rights and obligations of both parties should be stipulated clearly at one time, and it should be stipulated that if the developer fails to perform the refund in accordance with the agreement during the check-out process, it should be borne by the developer. Liability for breach of contract, so that your rights and interests can be effectively protected.

3. To sum up, the developer should pay you liquidated damages for violating the house sales contract when you breach the contract for the first time. If there is a breach of contract during the refund process in the future, the developer still needs to pay you the liquidated damages. gold. In the first step of the process, the buyer issues a check-out notice: the buyer can submit the notice to the developer by registered mail, fax or phone.

If a check-out is caused by the developer’s responsibility, the developer shall bear the losses caused by the check-out, including loan interest, down payment deposit interest, house purchase taxes, etc.; if check-out is stipulated in the purchase contract The compensation standard shall be handled as stipulated in the contract. If the compensation standard stipulated in the contract is not enough to compensate for the loss, additional compensation may be required; if the home buyer's loan application is not approved, the two parties to the contract cannot agree on the payment method and other reasons lead to check-out, the developer does not need to Bear liability for compensation.

The second step is to complete various procedures within 15 days: Within 15 days after the house buyer requests to check out, the developer should refund all the house money paid by the house buyer, and be responsible for handling the procedures between the house buyer and the lending bank. For all the procedures for rescinding or terminating the contract, before the above procedures or documents have been signed, the developer shall pay the monthly principal and interest to the lending bank on behalf of the house buyer.

The third step is for the developer to return the house payment: The developer should return all the house purchase money to the house buyer after the house buyer sends a check-out notice, and complete the repayment process from the provident fund management agency or the lending bank. formalities.

If the above-mentioned content cannot be completed, the developer shall pay corresponding liquidated damages to the house buyer every day from the 16th day after the house buyer sends the notice to check out to the day when the house buyer obtains the full payment.

2. Can I check out after paying the down payment but cannot get the loan?

After the user has paid the down payment for purchasing a house, if the housing loan they applied for cannot be obtained, they can choose to check out. If the housing loan cannot be obtained due to the user's personal reasons, the user will most likely have to pay a certain amount of contract penalty when applying for check-out. In fact, if the housing loan application is not approved once, the user can try to apply for a second time. For example, if a housing loan cannot be obtained because the basic information prepared by the user is incomplete or incorrect, the user actually only needs to prepare complete and accurate materials to apply again. Also, if there is too much personal debt, the user can choose to pay off the debt under the household, or pay off part of it first, and then apply for a housing loan after the personal debt ratio is reduced. As long as you prove that you have excellent personal credit and sufficient repayment ability, you can generally get a housing loan. The above is the relevant content about whether I can check out if I can’t get the loan after paying the down payment for the house.

1. Can I get a refund if I can’t get the loan after paying the down payment for a house?

1. If it’s due to bank reasons, the money can be refunded. The home buyer can negotiate with the seller to terminate the home purchase contract and does not have to bear liability for breach of contract. The seller should return the down payment unconditionally; if it is due to the home buyer's own reasons, such as a stain on the credit record or insufficient repayment ability that affects the loan approval, in this case In this case, the home buyer needs to bear the liability for breach of contract and pay liquidated damages to the seller, and the seller should return the down payment.

2. Legal basis: Article 5 of the "Interim Measures for the Management of Personal Loans"

Clarify the corresponding loan objects and scope, implement differential risk management, and establish assessment and evaluation of each loan operation link. Accountability mechanism.

2. What to do if the down payment is made but the loan cannot be obtained

If the down payment is made but the loan cannot be obtained, you can check out, but you must bear the liability for breach of contract according to the situation.

1. If the mortgage cannot be obtained due to the developer's reasons, the home buyer can ask the developer to return the down payment and deposit, and require the developer to pay the corresponding interest loss;

2. The home buyer If the bank does not approve the loan due to some reasons, you can still check out, but the home buyer must bear the liability for breach of contract;

3. If the bank's regulations change and the loan cannot be obtained, the home buyer should negotiate with the developer to check out and negotiate If it fails and there is no agreement in the contract, it can be resolved.

According to the law, if the seller delays in delivering the house or the buyer delays in paying the purchase price, and fails to perform within a reasonable period of three months after being urged, if one of the parties requests to terminate the contract, the request shall be supported. , unless otherwise agreed by the parties. If there is no provision in the law or no agreement between the parties, the reasonable period for exercising the right to terminate is three months after being urged by the other party. If the other party fails to urge the party, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescission; if the right of rescission is not exercised within the time limit, the right of rescission shall be extinguished.

3. The down payment of RMB 30 has been paid, but now the bank loan cannot be approved because I have a bad record. I want to check out, but the developer said that I will not refund. The down payment is 170,000.

It’s unreasonable not to give a refund, but you can’t afford it with the developer. If you consult the developer’s housing department, there will always be a way to solve it for you.

In addition, you can find relatives you trust and apply for a false transfer with the consent of your relatives. They will handle the mortgage and you will pay it on your behalf!

4. If you want to check out now, you can get a full refund Is it okay if the bank loan is not approved?

You can give me more money