I paid a down payment for a house in a house, and then refunded the down payment, can I still want t

The house has a down payment on the property, the down payment is refunded, and if the home is still unsold after two years, you can go ahead and buy the home again. However, it is necessary to sign a purchase contract for reference.

I originally booked this suite, and now it has been refunded, and the down payment has also been refunded to you, indicating that your contract has been invalidated

If the landlord refunds the down payment, maybe the house will be sold to someone else. If you are lucky and don't sell it, the landlord can still buy it, but the price may be different. According to common sense, the down payment is non-refundable.

I paid a down payment for a house in a house, and then refunded the down payment, can I still want the house after two years?

A: It depends on whether the house is **.

Booked a down payment house, and it is impossible to ask for the house after two years after the down payment is refunded, or not, this must be unacceptable, and there is no way for you.

If the down payment on the house has been refunded, you can't ask for the house after two years.

I ordered a house in real estate, and after paying the down payment, I returned the down payment, can I still build a house after two years, I can't build a house, no one owes you anything, unless the house is not sold, you can still buy it.

After opening a house in the property and then retreating. Two years later still want unless the house has not been sold. Otherwise you wouldn't have bought this house.

The down payment has been refunded, and of course I can't ask for a house anymore. No one will always keep it for you.

The down payment was refunded, the original contract was terminated, and the house could no longer be wanted.

When the house is developed, you paid a down payment for a house, but later the down payment was refunded, indicating that you did not buy this house, and now this house is likely to have been sold to others, and if you want to build a house now, it depends on whether the landlord is willing to sell ** Are you willing to accept it?

If this house can be bought in the case, this does not affect you to buy, but if someone buys it in the middle, this will not work.

As long as the house is not sold, it should be fine, but the price may be different.

If you refund the payment, it means that your contract has been terminated and you can no longer ask for the house.

The premise is that the house is still rented out for sale, and there is no owner, and the seller is willing to sell it to you.

I booked a house in Huangkai, and the down payment was refunded to each other, and then I can still build a house, it should be possible.

Summary. Your friends and friends, after our inquiry and research, we will sort out the following for you: Hello, generally speaking, it cannot be refunded, because the purchase contract has been signed at the same time as the down payment, and then regretting it is a breach of contract.

However, you can try to discuss with the sales department to be prepared to pay liquidated damages, and the liquidated damages need to be based on the agreement on the breach of contract in the signed purchase contract.

There is a compromise method that you sell it, which is quite impressive.

After paying the down payment on the house, if you don't want the house, can you get the down payment back?

Your friends and friends, after our inquiry and research, we will sort out the following for you: Hello, generally speaking, it cannot be refunded, because of the disadvantages of the number of disadvantages, the down payment has been signed at the same time, and then regret it is a breach of contract. However, you can rent a tomato to try to discuss with the sales department for a banquet, and be prepared to pay liquidated damages, which need to be agreed on the breach of contract according to the signed purchase contract.

There is a compromise method that you sell it, which is quite impressive.

Generally, no.

Because of personal financial problems, I can't pay the rest.

You can sell it.

How are liquidated damages calculated?

How are liquidated damages calculated?

Or you need to look at the purchase contract you signed, there is an agreement on liquidated damages, and each contract is different.

There should be in the contract.

Friends. The purchase contract and the bank contract are two agreements, and if the contract is signed with the bank, there will be two breaches of contract.

How to sell it.

The down payment was made in three installments, and I paid one installment.

I haven't signed a contract with the bank yet.

You need to contact the company where you buy the house first.

Ask over there.

Some of them can be refunded.

1. After all, judging from the situation you are talking about so far, you should be in breach of contract. You must have signed a contract for the sale and purchase of commercial housing. It is advisable to take a look at the procedures for the conditions of the contract between you regarding the termination of the contract by one of the parties.

Second, usually after the check-out application is written, the developer does have an approval process, because you are in contact with the sales staff, and the termination of the contract is not an ordinary salesperson can decide, and the developer agrees to your check-out request and organizes funds to return your down payment to you, there is indeed a time process.

3. And the law has no special agreement on this, it mainly depends on the agreement between the two of you.

Extended Resources:

Buying a house is dusty:

First: Start preparing to buy a house.

To buy a house, you must first estimate your actual purchasing power according to your financial strength, repayment ability, etc., and determine the location, area, floor, and orientation of the house according to the needs of work and life.

Second: Pick**.

This link is a continuation of the preparation, which can be checked from the newspaper, TV, the Internet or the relevant real estate**, and the buyer needs to combine the advantages of the three**. Comprehensive and detailed examination of ** information.

Third: Choosing a house on the ground is a highly technical job. Before choosing a house, you should have an understanding of the basic knowledge of floor area ratio, greening rate, common area, and house type.

Fourth: Negotiate and sign the sales contract.

Once the target is determined, the negotiation stage is entered into substantive contact with the seller. The negotiation and signing of the sales contract is the most important part of the process of buying a house, and the buyer and seller must put their rights and obligations into words, especially the key terms related to the size of the house, the payment method, the property condition and so on.

Fifth: Apply for a loan.

Second-hand houses can be applied for commercial loans. According to your own financial resources and the various conditions of the house you purchase, you will consider the amount and duration of the loan. The intermediary company will assist in handling the loan procedures in accordance with the relevant regulations of the bank.

Sixth: handle the transfer of property rights.

The original seller's name is to be changed to the new buyer's name. Under the guidance of the intermediary company, all relevant materials should be prepared, and then the warrant officer will assist in the transfer of property rights.

Seventh: house inspection and check-in.

The water, electricity, gas, cable TV fees, heating fees, property fees and other expenses of the purchased house must be settled for house inspection.

OK. According to the contract, the deposit is non-refundable. Because the deposit is punitive in nature, it is a punishment for the defaulter.

The law is fair, as long as the contract is signed with the other party, it must be performed in accordance with the provisions of the contract, if it is the spine of the buyer who causes the buyer to check out, then it is the purchase of the breach of contract first, the buyer must be punished, and the deposit cannot be returned.

Therefore, if there is clear evidence that the buyer has breached the contract (such as not paying the house price as agreed in the contract, not going through the formalities, etc.), the deposit in the hands of the seller may not be refunded. Similarly, if there is evidence that the seller is responsible for the departure, the deposit can be returned.

Legal analysis: Signing a contract for buying a house and paying a down payment is effective for the joint burial and concealment method, and it is generally not possible to check out. If you want to check out, you must negotiate with the other party and get the other party's consent.

Even if the other party agrees to move out, it is estimated that the buyer will bear the liability for breach of contract and compensate the seller for the loss.

Legal basis: Article 477 of the Civil Code of the People's Republic of China in the Bend Hall Where the expression of intent to revoke an offer is made in the form of dialogue, the content of the expression of intent shall be known to the offeree before the offeree makes an acceptance; If the expression of intent to withdraw an offer is made in a non-dialogical manner, it shall reach the offeree before the offeree has made an acceptance.

Legal Analysis: The buyer and the developer can negotiate to terminate the purchase contract. However, due to the default of the buyer, the buyer needs to return the down payment after paying the liquidated damages to the developer according to the liquidated damages clause agreed in the commercial housing sales contract.

Or use the down payment to offset the liquidated damages, and return the remainder to the buyer. The shortfall is compensated by the buyer.

Article 562 of the Civil Code: The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. When the cause of rescission of the contract occurs, the person who has the right to terminate the contract may terminate the contract.

Article 577 of the Civil Code: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 585 of the Civil Code: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

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

Article 562:The parties may terminate the contract if they reach a consensus through consultation.

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 577:Where one of the parties fails to perform its contractual obligations or fails to comply with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

You can negotiate with the developer to refund the down payment.

1. Whether you can check out depends on whether there are statutory or contractual conditions for check-out, not whether you have paid all or part of the room price.

2. The house sale contract is a kind of contract, and if there is a general agreement in the law of our country when adjusting the contract, the agreement will be applied first. Therefore, when there is a situation where the developer and the buyer agree to terminate the contract, the buyer can terminate the contract in accordance with the agreement. If there is no agreement, the buyer can also ask to move out of the following two categories.

1) The contract for the sale of the house signed between the buyer and the developer is invalid, and the buyer has the right to move out.

2) If the developer breaches the contract, the buyer has the right to terminate the contract and hold the developer responsible. That is to say, if the buyer cannot buy the house due to the developer's reasons, cannot receive the house on time, or cannot receive the house according to the requirements of the contract, the buyer can move out.

The down payment is the first advance payment when buying a house, and the amount should generally be more than 30% of the total house price.

If the buyer does not purchase the reserved house after paying the down payment, the down payment shall be handled in accordance with the method agreed in the reservation agreement, but in the following circumstances, the real estate development enterprise shall return the down payment paid by the buyer in full:

1) The real estate development enterprise does not sign a written agreement to collect the deposit;

2) The signed written agreement does not stipulate the handling of the deposit or the agreement is not clear.

You can return it! However, it is sufficient to pay a liquidated damages.

If you can't return it, you will lose a lot of money, so sell the second-hand house in the future.

There are 4 conditions that need to be met to buy a house with a down payment, and to get it back when you check out.

(1) The difference in area is too large

When buying a house, you need to sign a purchase contract, one of which is the area of the house, according to the provisions of the area error can not exceed 3%, if the area of the house is very different from the area stated in the contract, the buyer has the right to leave the house in advance;

(2) The difference in the type of house is too large

Now many people will choose the pre-sale house, and when buying the pre-sale house, the house will provide you with the design drawings, and the buyer will choose the house according to the design drawings, but if you find that the pre-sale house you purchased is too different from the design drawings you have seen before, if there is no agreement in the signed contract, then the buyer can choose to negotiate with the house, and also has the right to directly ask to check out, and the liability for breach of contract should be borne by the house;

(3) Fang Kai changed the planning plan without authorization

As mentioned earlier, the pre-sale house, the buyer chooses according to the design drawings, so the design drawings can be said to be planned before the buyer buys the house, but if the house is opened without the consent of the buyer, the original design plan is changed without authorization, in this case, the buyer can also choose to check out;

(4) There is a problem with the quality of commercial housing

The reason why buying a house is to give yourself a place to live with peace of mind, and this place must be a safe and stable environment, so after handing over the house, if there is a problem with the house itself, the buyer can find the quality inspection department for inspection, if it is a problem with the house itself, the buyer has the right to ask to check out.