If the credit investigation is not good, can the down payment be refunded? Can I get a refund if I c

If you can't pass the mortgage credit report, you can refund the down payment. Usually, the contract for the sale and purchase of commercial housing will stipulate that if the mortgage loan cannot be disbursed to the developer on time due to the buyer's reasons, the developer can require the buyer to make a lump sum payment instead.

If the full payment cannot be made in full within the specified time, the developer has the right to unilaterally terminate the purchase contract, and you need to cooperate with the developer to go through the relevant termination procedures after the contract is terminated, and the seller will refund the down payment that has been paid.

Housing loan is the main way for everyone to buy a house now, the level of the mortgage interest rate is a point that everyone is more concerned about, the mortgage interest rate usually includes the interest rate of the commercial loan and the interest rate of the provident fund loan, what kind of interest rate is implemented in each place, most of the must, you need to consult the local bank or provident fund center.

OK.

If you don't have a good credit for buying a house, you can get a refund for the down payment. If it is the buyer's reasons that make it impossible to perform the purchase contract, the parties may request to terminate the contract, and the breach of contract requires the payment of liquidated damages in accordance with the contract.

In the actual sale of a house, unless the contract clearly stipulates, the down payment cannot be used as a deposit and liquidated damages, which means that the down payment can be refunded if the credit for buying a house is not good.

If the credit investigation is not good, can the down payment be refunded? Some ** said that when signing the contract, it should be indicated that if the credit investigation cannot pass, the deposit and down payment should be returned. But when the contract is actually signed, the developer will not change a word.

The correct solution is to mortgage upfront. Before deciding to buy this suite, check the credit in advance, prepare the relevant loan information and send it to the bank staff for preliminary review in advance.

The down payment can be refunded, but the deposit cannot be refunded

1. The reason of the developer:If the developer sells a house that does not meet the conditions for sale, that is, the developer has not obtained a pre-sale permit or sells an existing house that does not meet the conditions for use, the bank will not approve the loan if it finds this situation, and the buyer can ask the developer to return the down payment and deposit, and require the developer to pay the corresponding interest loss.

2. Reasons for home buyers:If the information provided by the buyer is untrue or the buyer's credit history is not good, the bank will not approve the loan, and the buyer should be liable for breach of contract.

1. Basic information, including the individual's name, ID card, name, date of application, date of issuance, marital status, etc.

2. Credit historyIt is mainly the loan records that individuals apply for from banks and financial institutions, including credit cards, housing loans, business loans, student loans and a series of loan records. Including a series of information such as settlement, as well as outstanding settlement.

3. Public informationPersonal information and circumstances such as communications, water, electricity, gas, and tax payments that have been applied for by individuals, as well as court information including individuals, such as whether they are included in the list of judgment defaulters.

4. Objection recordIf the inquirer has an objection to an individual's credit investigation, the objection applied to the banking institution can be reflected in this section by adding a statement, and if there is no objection applied, there is no relevant record.

5. Query records, records of individual inquiries and related information of institutional inquiries. Generally, banks will have this record when approving credit cards.

6. The explanation is the standard clause of the credit information center, which contains relevant information that needs attention, as well as opinions on the handling of objections and the position of the credit information center.

If the credit investigation can't pass the down payment and the deposit can be refunded, I personally feel that it can be refunded, and the down payment deposit can be refunded, but it may be a little difficult, but it's a little difficult, but it's hard to overcome. The difficulties are all the fine traditions of our Chinese and Chinese sons and daughters, so I believe that you can do it.

OK.

If you don't have a good credit for buying a house, you can get a refund for the down payment. If Jing Gaoguo is the buyer's reason and the signing of the house purchase contract cannot be performed, the parties may request to terminate the contract, and the breach of contract needs to pay liquidated damages in accordance with the contract.

In the actual sale of a house, unless the contract clearly stipulates, the down payment cannot be used as a deposit and liquidated damages, which means that the credit for buying a house is not bright, and the down payment can be refunded.

Legal analysis: credit investigation can be refunded but the down payment, but the corresponding liability for breach of contract should be borne. Because generally after paying the down payment, the purchase contract or subscription contract is very clear, if you unilaterally check out, you will pay 20% of the total purchase price of the other party as liquidated damages.

First of all, you have to negotiate with the developer, if the developer agrees, you can return, if you don't agree, you can only negotiate with the developer, transfer the house to someone else, let someone else buy the house, if it is just a simple refund, it is estimated that the developer will generally not give Wu Bo a refund.

Legal basis: Civil Code of the People's Republic of China

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

If the buyer has signed a relevant agreement with the developer before applying for the loan, and it is stated in the agreement that if the loan is not approved, the down payment will be refunded in full, then the buyer only needs to bring the house sale and purchase contract to the developer to refund the down payment.

If the buyer does not agree with the developer to refund the down payment before applying for the loan, and the review is not approved due to credit information, then the buyer needs to negotiate with the developer for a refund first, and the down payment can only be refunded after negotiation. It should be noted that because the loan is rejected due to the buyer's own reasons, the refund of the down payment in this case is generally considered a default, and the default needs to pay liquidated damages in accordance with the contract. Therefore, before making a down payment, buyers should first understand their credit report, if the credit report has a bad credit record, then do not pay a down payment, because in addition to applying for a loan will be rejected, it may also lead to the final termination of the contract and waiting to pay unnecessary breach of contract.

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Refunds are available. Generally speaking, the contract for the sale and purchase of commercial housing will stipulate that if the mortgage loan cannot be issued to the developer on time due to the buyer's reasons, the developer may require the buyer to make a lump sum payment. If the full payment cannot be made within the specified time, the developer has the right to unilaterally terminate the purchase contract.

After the contract is terminated, it is necessary to cooperate with the developer to go through the relevant cancellation procedures, and the seller will refund the down payment paid. If the housing credit information cannot be approved, the down payment can be refunded, but generally a penalty needs to be paid, and the developer will terminate the purchase contract with the buyer and refund the down payment to the buyer after deducting the relevant liquidated damages.

Interpretation on Several Issues Concerning the Use of Law in Cases of Disputes over Contracts for the Purchase and Sale of Commercial Housing".

Article 23 If the contract for the sale and purchase of commercial housing stipulates that the buyer pays in the form of a secured loan, but fails to conclude a contract for the secured loan of commercial housing due to the reasons of one of the parties and the contract for the sale and purchase of commercial housing cannot continue to be performed, the other party may request to terminate the contract and compensate for losses. If the contract for the sale and purchase of commercial housing cannot be continued due to reasons not attributable to the parties, the parties may request to terminate the contract, and the seller shall return the principal and interest or deposit of the purchase price received to the buyer.

1. If it is due to bank reasons, such as the tight amount of money and the loan cannot be disbursed, then the buyer can negotiate with the seller to terminate the purchase contract, and does not have to bear the liability for breach of contract, and the seller should unconditionally refund the down payment for the purchase of the house.

2. If it is due to the buyer's own reasons, such as the credit record is tainted or the repayment ability is not enough, the loan approval should be solved as much as possible, such as finding a guarantee company to guarantee or extending the repayment period. If it still can't be resolved, the only way to do so is to terminate the purchase contract. In this case, the buyer is liable for breach of contract and pays liquidated damages to the seller, and the seller should return the down payment.

Extended information: Nowadays, China has already entered the era of credit, and a good credit is the beginning of a convenient life. In daily life, people with good credit can enjoy many credit services such as deposit-free power banks, shared bicycles, Huabei and borrowing.

1. To make a credit report, you have to go to the local People's Bank of China institutional credit office.

The original and photocopy of the ID card are required; If the person entrusts another person to inquire about the personal credit report at the inquiry point, the person shall provide the original valid identity documents of the principal and the person and the notarization certificate of authorization for inspection, and at the same time fill in the "Application Form for Personal Credit Report Inquiry by Myself", and keep a copy of the valid identity documents of the principal and the **person, and the original certificate of authorization notarization for future reference.

2. According to the "Regulations on the Administration of the Credit Reporting Industry":

Article 16: The period for credit reporting establishments to store negative personal information is 5 years from the date on which the negative conduct or incident is terminated; Where it is more than 5 years old, it shall be deleted. During the period for storing negative information, the information subject may make an explanation of the negative information, and the credit reporting establishments shall record it.

Article 17: Information subjects may make inquiries into their own information from credit reporting establishments. Personal information subjects have the right to obtain their credit reports free of charge twice a year.

Article 18: Where inquiries are made to credit reporting establishments about personal information, the written consent of the information subject shall be obtained and the use agreed upon. However, there is an exception where the law provides that an inquiry may be made without consent. Credit reporting establishments must not provide personal information in violation of the provisions of the preceding paragraph.