After the house purchase is restricted, the buyer loses the qualification to buy the house Can the d

This should be decided according to the contract signed at that time, according to their own income, expenditure and other actual conditions to determine the real estate suitable for themselves, and then according to the goal of the accumulation of the down payment to buy a house, and finally to buy a house common sense and the scope of the screening of the house, to understand a certain amount of real estate knowledge and relevant laws and regulations, and the scope of the screening is recommended to open a small house, its advantages are more reasonable, living comfort is higher, the future return on investment is relatively high.

According to your own actual situation, choose the right building for yourself, how big the area should be, how much traffic and so on, all of which need to be considered first. Generally speaking, the advantages of second-hand small houses are convenient transportation, mature supporting facilities, and relatively preferential treatment. The advantages of newly opened small apartments are more reasonable house types, higher living comfort, and relatively high future return on investment.

Do not use your CPF before applying for a loan. Because if the borrower withdraws the CPF balance to pay for the house before taking out the loan, then the CPF balance in the CPF account will be zero, and the CPF loan amount will be zero, which means that you will not be able to apply for a CPF loan.

Be careful not to make early repayments within the first year of borrowing. This is because according to the CPF loan regulations, partial early repayment should be made after one year of repayment, and the amount you repay should exceed the 6-month repayment amount.

Don't forget the obligation to inform if you rent out your home after taking out a loan. When you rent out a mortgaged property for the duration of the loan, you must inform the tenant in writing of the fact that the mortgage has been mortgaged.

If you're having trouble repaying your loan, don't forget to look for a bank near you. When your ability to repay your debts decreases during the term of the loan and you have difficulty repaying the loan, don't push yourself on. For example, if a customer of ICBC can apply to ICBC for an extension of the loan term, and the bank investigates that it is true and there is no default on the loan principal and interest, ICBC will accept your application for extending the loan term.

Don't forget to reverse the mortgage after the loan is paid off. After you have paid off all the principal and interest of the loan, you can go to the real estate transaction center in the district or county where the property is located to revoke the mortgage with the loan settlement certificate from the bank and the certificate of other real estate rights of the mortgage.

Do not lose your loan contract and IOU. To apply for a home mortgage loan, the loan contract and IOU signed by the bank and you are important legal documents. Since the loan term can be up to 30 years, as a borrower, you should keep your contracts and IOUs safe.

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Legal analysis: After signing the "Commercial Housing Subscription Letter", the developer should refund the deposit paid in advance after finding that he is not qualified to buy a house for various reasons. As a reservation contract, generally speaking, consumers have no right to request a refund of the deposit if they do not perform the contract.

However, one of the prerequisites for the establishment of the Certificate of Purchase is the qualification to purchase a house. The clause in the "Commercial Housing Subscription Letter" contract regarding the qualification to purchase a house can be regarded as an additional condition for the termination of the reservation contract. Since the consumer is not qualified to purchase a house, the condition for the self-termination of the certificate is immediately established.

Accordingly, the certificate is terminated, and the operator should return the deposit in full.

[Legal basis].

Article 490 of the Civil Code stipulates that: "A subscription, order, reservation, etc., in which the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract." If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract.

Article 158 of the Civil Code stipulates that "civil law may be conditional, except that it may not be conditional according to its nature." Civil juristic acts with conditions for taking effect take effect when the conditions are fulfilled. Civil juristic acts with conditions for the release of the wheel shall become invalid when the conditions are fulfilled.

Article 1 of the Civil Code shall apply to civil disputes arising from legal facts after the implementation of the Civil Code. In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except as otherwise provided by the laws and judicial interpretations. The provisions of the Civil Code shall apply to civil dispute cases arising from legal facts before the implementation of the Civil Code until after the implementation of the Civil Code, except as otherwise provided by laws and judicial interpretations.

Article 2 of the Civil Code: In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except where the application of the provisions of the Civil Code is more conducive to the protection of the lawful rights and interests of civil subjects, the maintenance of social and economic order, and the promotion of the core socialist values.

Legal analysis: The loss of qualification for purchase restriction is a cause that cannot be attributed to both parties, and the deposit should be refunded.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 1 This Law is formulated in order to strengthen the management of real estate in Shanmo City, maintain the order of the real estate market, protect the legitimate rights and interests of the real estate rights holders, and promote the healthy development of the real estate industry.

If you don't want to buy a house after the purchase limit, the deposit paid is generally not refundable.

If a citizen does not have the obligation to effectively understand his rights and obligations when purchasing a real estate, and if the buyer is not qualified to purchase a house due to the introduction of a new purchase restriction policy after signing the housing sales contract, and if the buyer does not purchase it later because he cannot give a valid reason, the buyer shall bear the liability for breach of contract and the deposit shall not be refunded;

If the deposit is paid before the purchase restriction policy is introduced, and the purchase is restricted after that, the deposit can generally be refunded.

1. Can I get a refund if I have not signed the contract and paid the deposit?

After the deposit is paid, if the buyer does not sign the contract, whether the deposit is refunded depends on the reason why the parties have not signed the contract. If the buyer fails to sign the house sale contract due to the reasons of one party, it shall be handled in accordance with the provisions of the Deposit Law, that is, if the buyer gives up the purchase of the house for its own reasons, or if the seller breaches the contract, and the debtor has no right to demand the return of the deposit, the party accepting the deposit shall return the deposit double. If the parties are unable to conclude the contract for reasons not attributable to them, the seller shall return the deposit to the buyer.

2. Can the deposit be refunded after the house is sold?

Generally, it is non-refundable, and the deposit agreement takes effect from the date of actual payment of the deposit, and after the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the debts agreed upon by the party, the deposit shall be returned double. It can be concluded that if the buyer does not want to buy the house because of his own reasons, the buyer will be blamed, and the purchase deposit is non-refundable.

3. Can I get a refund if I have paid the down payment and have not signed the contract?

If you pay the down payment and do not sign the contract, the deposit cannot be refunded. When there is a deposit, the situation that can refund the deposit can only be due to the failure to perform the contract due to the reasons of the party receiving the deposit, and the deposit can be refunded and it will be refunded twice. In order to ensure the performance of the contract, the parties agree that the parties shall pay a certain amount of money to the other party as a guarantee, and the amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

In the purchase contract, the down payment has been paid, and you do not want to continue the purchase, even if you have not signed the purchase contract, but you have paid the deposit and do not want to buy, it does not belong to the seller, so the sale cannot be continued, and the deposit cannot be refunded.

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 Commercial Housing.

If the seller accepts a deposit from the buyer as security for the conclusion of the commercial housing sales contract by means of subscription, ordering, pre-balancing, etc., if it fails to conclude the commercial housing sales contract due to the reasons of one of the parties, it shall be dealt with 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.

If you are not qualified to buy a house, you can return the deposit, and if you are not qualified to buy a house, it is a force majeure reason. According to the laws of China, 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.

1. Can the signed subscription deposit be refunded?

After signing the subscription contract and paying the deposit, whether it can be refunded should be analyzed according to the specific situation.

1. If the contract for the sale and purchase of commercial housing is not concluded due to the reasons of the party paying the deposit, the deposit will not be refunded.

2. If the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of the party receiving the deposit, the deposit shall be returned twice.

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

2. Is the loan for buying a second-hand house considered a default if it is not approved?

If the buyer makes payment in the form of a secured loan, but fails to conclude a commercial housing secured loan contract due to reasons attributable to one of the parties, resulting in the inability to continue to perform the commercial housing sales contract, 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 to the buyer the principal and interest of the purchase price received or the fixed or liquidated money.

3. In the introduction of buying a house, the deposit on the contract cannot exceed how much.

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 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.

Article 586 of the Civil Code.

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.

Article 587.

If the debtor performs its obligations, the deposit shall be offset against the price or 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.

The vast majority of cities in the country have strict purchase restriction policies, which means that buying a house in these cities requires the qualification to buy a house. So if you are not qualified to buy a house, can you get a refund if you pay a deposit?

If you don't have the qualification to buy a house, you can pay a deposit that is generally not refundable, and the lack of qualification to buy a house is a problem for 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 pay a loss letter to the developer, but the chance of returning the deposit is relatively slim.

Precautions for paying a deposit

1. The agreement must be signed to pay the deposit.

When paying the deposit, you must sign a deposit agreement or purchase agreement with the developer, and you can't just promise it verbally, even if you pay the deposit. If no agreement is signed, the deposit has no legal effect.

2. Distinguish between the deposit and the deposit.

"Deposit" is not a legal concept, in fact it has the nature of an advance payment, is a means of payment for the parties, and does not have the nature of security, so it does not have the effect of a deposit penalty.

A deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract. In the commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer fails to perform the contract, he has no right to demand the return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double. When signing the subscription letter, you should see clearly what kind of money is written on the subscription letter, so as not to be unable to protect your own rights and interests.

The difference between a deposit and a deposit for the purchase of a house

1. The so-called deposit refers to the money or its substitutes paid in advance by one of the parties to the contract to the other party at the time of the conclusion of the contract or before the performance of the contract in accordance with the provisions of the law or the agreement of both parties, in accordance with the contract or before the performance after the conclusion of the contract, according to the proportion of one sales of the subject matter of the contract (not exceeding 20%). The deposit contract is subordinate to the main contract, and the premise of its formation is that the main contract has been established and effective.

2. "Deposit" is not expressly stipulated in the law, it is just a customary term, which only has the nature of advance payment, and does not have the function of guaranteeing the signing and performance of the contract. If the consumer does not want to purchase the goods, the "deposit" as an advance payment should be refunded.

3. The deposit is a legal concept, which can provide guarantee for the formation of the contract and the performance of the contract through the "deposit principle". The deposit is only a customary term, which only has the nature of advance payment, and does not have the function of guaranteeing the signing and performance of the contract.

4. According to the provisions of the Guarantee Law, after the deposit is delivered, if the deposit payer refuses to conclude the contract or fails to perform the contract after the contract takes effect, it has no right to claim the return of the deposit; If the party receiving the deposit refuses to conclude the contract or fails to perform the contract after the contract comes into effect, the deposit shall be returned in double. However, there is no clear provision in law for the deposit, and the validity of the deposit depends on the agreement of the parties.