Buy a house down payment already handed in, result mortgage did not come down, how should do?

2022-05-27 0 By

The housing transaction process is complex, the procedures involved in the middle of the various, in this middle it is possible to pay the down payment of the loan can not do down the situation, and not a few.So what should a homebuyer do if this happens?Can the down payment already paid be withdrawn?Do you need to pay liquidated damages?It depends on different situations.Open business commitment commitment to deal with a good house mortgage procedures, the result of the mortgage was not approved down, down payment can be returned?Relevant lawyer says: if development business ever is before buying a house, make commitment to conduction purchase mortgage, perhaps as a result of development business the reason brings about mortgage to fail to do come down, development business ought to assume liability for breach of contract.If the two sides of the mortgage do not come down the balance of the payment method in the contract is not clear agreement, so developers have no right to unilaterally ask buyers to pay off the balance;If the developer does not agree to pay in installments, the buyer has the right to ask for rescission of the contract, and ask the developer to refund the paid principal and interest of the house, without assuming liability for breach of contract.According to the higher people’s court on some issues of commercial housing sales contract dispute case applicable law explanation “the provisions of article 23,” because of the not attributable to the main content of the parties fails to conclude a contract commercial housing loan guarantees and lead to commercial housing sales contract can’t continue to perform, the parties may request to cancel the contract,The seller shall return the principal and interest or deposit of the purchase price received to the buyer “.If because the bank, such as the bank line tension can not be lent, the buyer can negotiate with the seller to explain the situation, remove the purchase contract, and do not have to assume the responsibility for breach of contract, the seller should unconditionally return the purchase of the down payment.However, if the loan approval is affected by the buyer’s own reasons, such as the stain on the credit record or insufficient repayment ability, it should be solved as far as possible first, such as finding a guarantee company to guarantee or extending the repayment period.If still can’t solve, that can only remove the purchase contract.In this case, the buyer should assume the liability for breach of contract and pay liquidated damages to the seller, while the seller should return the down payment.If the buyers find developers have breach of contract responsibility, want to ask to pay liquidated damages, must be based on the relevant provisions of the “purchase contract”, otherwise the buyers will have the right to refuse to pay liquidated damages.In the process of buying a house every link may appear problems, so in the signing of the “purchase contract”, the buyer should consider some unexpected factors, and in the contract to the situation may be agreed, in order to fully protect their rights and interests.Therefore, in summary, the above inventory of various reasons, all indicate that the down payment of house purchase can be returned, the difference lies in whether the buyer wants to pay liquidated damages, please divide the situation.”Spell house emperor”, make buying a house easier!