Can the deposit paid without the qualification to buy a house be refunded?

Now I don't want it anymore, I want to return it, can the teacher take a look? Big brother: I am not qualified to buy a house, why did I pay a deposit at that time?

Does the developer know about this? If the developer sells you the property knowing that you are not eligible to buy a home, you can ask for a refund of the deposit. Fast room netizens:

Of course I know, he said that he could make up the personal income tax, but he hasn't made it up so far. Big brother: If you agree to qualify for buying a house through back taxes, the responsibility for this is not entirely on the developer.

Kuaifang netizen: But I haven't made it up yet, I don't want to make it up. Big Brother:

What is written on your deposit contract? Fast house netizens: I didn't sign a contract, I had a subscription letter, I didn't mention the matter of making up the individual tax, but I just asked for payment a few days ago.

Big brother: If you know that you are not qualified to buy a house, and the developer is at a loss, you can ask the developer to return the deposit, give it a try. Let's negotiate with the developer first, you say that I am not qualified to buy a house, I can't buy a house, and ask for a refund of the deposit.

Fast house netizens: If the developer does not agree, I have to find the housing authority or go through the legal route. Big Brother:

If you do not agree, you can take judicial channels to resolve it. Fast house netizens: It's okay if you can get a mortgage, the main thing is that the mortgage is basically sad.

Big brother: Yes, it's hard to get a mortgage with back taxes. Fast room netizens:

The bank certainly disagrees. Big brother: This is also a practical situation, let's discuss it with the developer.

Fast house netizen: He asked me to make up a tax, but I can buy it, and other loans are not packed with tickets. Big Brother:

Then why did you place your order. Fast house netizen: I made up the tax, then I have no way at all, and now I may be able to get the deposit back.

Big Brother: It's really hard to say. Fast room netizens:

Impulsiveness is the devil. Big brother: At that time, I should have thought about it and carefully estimated my own ability.

You described it a bit briefly, I don't know how the specifics are. Generally, the developer has an obligation to review the eligibility of the buyer. If you have not signed a formal purchase contract, it is still possible to get the deposit back, but there are also difficulties, how to operate, it is recommended that you first consult the "Real Estate Rights and Interests Protection Station" WeChat rights protection public platform (number).

Legal analysis: If you are not qualified to buy a house, you can refund the deposit. Because the law stipulates that if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

If the buyer loses the qualification to purchase the house due to various reasons such as the regulation and control of the property market, it is a reason that cannot be attributed to both parties, and if the buyer cannot continue to perform the purchase contract, the seller shall refund the deposit.

Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

If you are not eligible to buy a house, you can get a refund if you pay a deposit. This is because the law stipulates that if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. However, if the buyer loses the qualification to purchase the house due to various reasons such as the regulation of the property market, it is a reason that cannot be attributed to both parties, so if the buyer cannot continue to perform the purchase contract, the seller shall refund the deposit.

1. Can I get it back after paying the deposit?

Whether the deposit can be refunded depends on the specific situation. If the buyer fails to conclude the "Commercial Housing Sales Contract" due to the reasons of the buyer, the developer has the right not to return the deposit. If the contract cannot be concluded due to the reasons of the developer Party B, the developer shall return double the deposit to the buyer.

If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the developer shall return the deposit to the buyer.

2. Can the pre-sale contract of the shop be refunded?

According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, order, reservation, etc., if the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Therefore, due to force majeure and reasons other than the will of the parties, such as the inability to apply for a mortgage loan for commercial housing, the contract for the sale and purchase of commercial housing cannot be established. and if the two parties cannot reach an agreement on the main terms of the "Commercial Housing Sales Contract" signed in the future, the deposit clause shall not apply and the deposit shall be returned.

3. Can I return the deposit after signing the subscription letter after buying a house and regretting paying the deposit?

After signing the subscription letter to buy a house, I regret it, and the deposit paid cannot be refunded under normal circumstances.

According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing, if the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, ordering, reservation, etc., if it fails to conclude a contract for the sale and purchase of commercial housing due to reasons attributable to one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Summary. Hello, there is no qualification to buy a house and the deposit can be refunded.

Hello, there is no qualification to buy a house and the deposit can be refunded.

According to the laws of our country, if the contract for the sale and purchase of the commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing stipulates that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if it fails to conclude the contract for the sale and purchase of the commodity house due to reasons attributable to one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Summary. Hello, happy to answer your <>

Legal analysis: the deposit can be refunded if there is no qualification to buy a house, and the new purchase restriction policy is introduced after signing the house sale contract, resulting in the buyer changing from having the qualification to buy a house to not having the qualification to buy a house, the buyer does not need to bear the liability for breach of contract, and the deposit should be refunded.

If you are not qualified to buy a house, can you get a refund if you pay a deposit?

Hello, happy to answer your <>

There is no qualification to buy a house to pay the deposit is refundable, legal analysis: no qualification to buy a house to pay the deposit can generally be refunded, after the signing of the house sales contract, the introduction of a new policy to limit the purchase of the buyer from the qualification to buy a house to not have the qualification to buy a house Weiyan, the buyer does not need to bear the responsibility for violating the contract, the deposit should be refunded.

Legal basis: Article 587 of the Civil Code Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the same purpose of the joint limb and dust, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be repaid twice.

However, if a new purchase restriction policy is introduced before signing the housing sales contract, the buyer shall bear the main responsibility, and the deposit may not be refunded.

Summary. Hello Hello Hello <>Hello Hello

Legal analysis: "The deposit paid without the qualification to buy a house is generally not refundable, and the lack of qualification to buy a house is a problem for the buyer, not a problem for the developer." If there is no special agreement, the developer has the right not to refund the deposit.

If you want to get the deposit back, you can negotiate with the developer, but the chance of getting the deposit back is slim.

If you are not qualified to buy a house, can you get a refund if you pay a deposit?

Hello Hello Hello <>Hello Hello

Legal analysis: "The deposit paid without the qualification to buy a house is generally not refundable, and the lack of qualification to buy a house belongs to the problem of the buyer, not the developer." If there is no special agreement, the developer has the right not to refund the deposit.

If you want to get the deposit back, you can negotiate with the developer, but the chance of getting the deposit back is slim.

Legal basis: Article 586 of the Civil Code stipulates that "the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights, and the deposit contract shall be established when the deposit is actually paid".

The deposit contract is a practical contract, which is only established when the deposit is actually paid, and there is no possibility of liability for breach of contract if the agreement on the payment of the deposit is not performed; In addition, if the deposit contract is a subordinate contract, and the principal creditor's rights and debts are invalid, revoked or determined to be invalid, the deposit contract will also be invalid or ineffective. Article 586 of the Civil Code stipulates that "the amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of raising a deposit.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to be the amount of the deposit that has been changed to the agreed amount. ”

Summary. Hello dear, happy to answer your <>

If you are not qualified to buy a house, you can pay a deposit, and if you are not qualified to buy a house, you can generally refund the deposit. 2. If the buyer changes from having the qualification to purchase the house to not having the qualification to purchase the house after signing the house sale contract, the buyer does not need to bear the liability for breach of contract, and the deposit shall be refunded. 3. If a new purchase restriction policy is introduced before signing the housing sales contract, the buyer shall bear the main responsibility, and the deposit may not be refunded.

If you are not qualified to buy a house, can you get a refund if you pay a deposit?

Hello dear, happy to answer your <>

If you are not qualified to buy a house, you can pay a deposit, and if you are not qualified to buy a house, you can generally refund the deposit. 2. If the buyer changes from having the qualification to purchase a house to not having the qualification to purchase a house, the buyer does not need to bear the liability for breach of contract, and the deposit should be refunded. 3. If a new purchase restriction policy is introduced before signing the housing sales contract, the buyer shall bear the main responsibility, and the deposit may not be refunded.

Legal basis: Article 587 of the Civil Code Where the debtor performs the debt, the deposit shall be offset against the price or the coarse car shall be recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Article 590:Where one of the parties is unable to perform the contract due to force majeure, part or all of them shall be exempted from liability according to the impact of force majeure, unless otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the parties delay the performance of the negotiations, they shall not be exempted from liability for breach of contract.

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