Can you check out with a down payment on a mortgage purchase?

No. The nature of the down payment is a formal transaction and cannot be reversed. The mortgage is only in addition to the down payment, and if you want to move out now, the developer has the right not to refund the down payment and sue you for default.

You said that now that the house has fallen, you have to move out, so if it rises, will you be willing to let you refund the original price to the developer? The market behavior follows the law of value, don't be so nervous, housing prices will definitely stabilize, and will not fall sharply.

If it is a bank problem, it can be refunded, but if the bank procedures have been successfully accepted, it is not a bank problem, and the mortgage can not be handled for a variety of reasons, and the reasons are different, and the way to deal with it will be different. If one of the parties fails to conclude a loan contract secured by commercial housing and the contract for the sale and purchase of commercial housing cannot be continued 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 both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and the interest or deposit received to the buyer.

If the mortgage cannot be applied for due to a major change in the bank's policy, and there is no agreement in the contract between the buyer and the seller, the buyer may request to terminate the contract, and the developer shall return the principal, interest or deposit of the purchase price paid by the buyer, and neither the buyer nor the seller shall bear the liability for breach of contract.

You can check out, but you will have to deduct part of the down payment.

The down payment is the minimum proportion of the first payment made in proportion to the state when buying a house, of course, the payment can be higher than this amount, but it cannot be lower than it, and the rest is borrowed from the bank.

With effect from 1 June 2006, the down payment ratio of individual housing mortgage loans shall not be less than 30%. Taking into account the housing needs of low- and middle-income people, the down payment ratio of 20% is still implemented for the purchase of owner-occupied housing with a floor area of less than 90 square meters.

On March 25, 2016, Shanghai promulgated the "Several Opinions on Further Improving the Housing Market System and Security System in Shanghai to Promote the Stable and Healthy Development of the Real Estate Market", which clarified that for households with one house, if they apply for a commercial personal housing loan to purchase an ordinary self-owned house in order to improve their living conditions, the down payment ratio shall not be less than 50%; For the purchase of non-ordinary owner-occupied housing, the down payment ratio shall not be less than 70%.

The developer made an advance down payment, so that the "zero down payment" can be realized, but behind this seemingly "free lunch" there are hidden risks. Li Tiegang, a professor at the School of Economics of Shandong University, said that in the face of frequent price cuts in the real estate market around the country, real estate companies are forced to adopt the best methods and cash flow.

There is no free lunch in the world, developers pay down payments in advance, some have to repay interest, and some gain by secretly raising house prices, but they have increased house prices in disguise.

The circumstances in which you can check out after paying the down payment are: overdue delivery for more than a certain period of time; The quality of the house does not meet the standards agreed in the contract, cannot be repaired, or still cannot meet the agreed quality standards after repair; The property ownership certificate cannot be obtained in accordance with the contract due to the fault of the developer; The absolute value of the slag difference ratio of the area error exceeds 3%; The developer changes the planning and design without authorization.

[Legal basis].

Article 563 of the Civil Code A party may terminate a contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties is delayed, delayed in performing its debts, or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of continuous performance of debts, the parties may terminate the contract at any time, but shall notify the counterparty before a reasonable period of time.

1. Can I check out after the down payment to buy a house? First of all, see whether you meet the conditions for moving out, if you have agreed on the check-out in the purchase contract, you can act in accordance with the agreement, or you can apply for check-out according to the relevant provisions of the Contract Law. According to the current law, there are two main types of check-out conditions: agreed conditions and statutory conditions.

The agreed condition refers to the condition that the buyer and the developer agree in the purchase contract that they can move out. If the developer delays the delivery of the house for more than a certain period of time, the community planning or supporting facilities do not conform to the content expressed in the sales advertisement or sales brochure, and the property right certificate cannot be obtained within a certain period of time. According to the Contract Law, since the parties have agreed on the specific conditions for moving out, and the buyer has evidence to prove that the condition is valid, the buyer can notify the developer to terminate the contract.

In this case, once the owner sues, even if the developer prevaricates, it will be upheld by the court. It is recommended that the landlord negotiate with the developer first if the conditions for moving out agreed in the contract are met, so as to save litigation costs. If mediation fails, then choose litigation or arbitration.

If the landlord does not stipulate a check-out clause in the contract, but meets the statutory check-out conditions, the court will also uphold the owner's move-out request. What should I do if I want a refund after buying a house? 1. You need to agree with the seller to check out, in general, as long as you and the seller sign the sales contract, you don't want the house to check out, it is your breach of contract, you need to pay liquidated damages and the other party agreement to terminate the contract.

2. The down payment is the first advance payment when buying a house, and the amount should be more than 30% of the total house price under normal circumstances. 3. In principle, the buyer should sign the purchase contract immediately after paying the down payment, but if the buyer asks to move out halfway, the developer has the right to deduct part of the buyer's liquidated damages, because the house purchase and sale behavior has been formed when the buyer pays the deposit. 4. If the sales office helps you with the mortgage, you find the sales office, and you should be able to ask to check out if you can't do it.

If you handle it yourself, you can't handle the mortgage yourself. You can discuss the problem of checking out with the sales office, they can return if they agree, and they can't refund if they don't agree, if you have to return, the down payment will be theirs. You can sell it.

It's good to have a smooth ride when buying a house, but don't panic if you run into problems. Carefully examine whether your situation meets the criteria for a second-hand home check-out. If it does, you can check out after you have made a down payment.

To sum up, if you buy a house, but there is still a loan that has not been paid off, the down payment has been paid, but you want to move out, you must first clarify whether it meets the criteria for moving out, if there is an agreement in the contract, you need to do things according to the contract, you can negotiate with the developer, if the negotiation fails, you can sue and ask the law to intervene to determine whether to check out.

After the down payment on the purchase of the house, you can also check out. One party may terminate the purchase contract with the other party by mutual agreement, or serve a notice of departure on the other party after the termination conditions agreed in the contract or statutory have occurred, and notify the other party of the purchase contract upon arrival and the breaching party shall bear the corresponding liability for breach of contract.

[Legal basis].

Article 562 of the Civil Code.

The parties may terminate the contract by consensus. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563.

In any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to the force of majeure;

(2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

(3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

(5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.