If I bought a house and paid a down payment, can I get it back if I don t want it?

1. Can I get a refund if I buy a house and pay a down payment and don't want it?

1. If you buy a house and pay a down payment, you can return it if you don't want it. One party may terminate the property by mutual agreement with the other party, or serve a notice of departure on the other party after the termination conditions agreed in the contract or statutory have occurred, and terminate the house sale contract upon the arrival of the other party.

2. Legal basis: Article 562 of the Civil Code of the People's Republic of China.

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.

The parties may terminate the 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 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.

2. Can I get a refund after paying the deposit for the house?

The deposit for the house is non-refundable. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit, and if the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double. The deposit can be refunded under the following conditions:

1. It can be refunded due to the failure to reach an agreement on the terms of the contract;

2. The buyer does not want the house, which is a breach of contract, and the purpose of refunding the deposit is achieved by adding a supplementary agreement;

3. For projects without sales licenses or property rights certificates such as internal subscriptions.

If you regret buying a house, you can't return the house.

When buying a house, the buyer and seller will generally sign the corresponding contract, and if there is no reason to check out, they need to bear the liability for breach of contract.

If you are willing to bear the liability for breach of contract, the house can of course be returned. If you meet a seller with a good point, you may not be held liable for breach of contract, but this is rare unless the seller happens to encounter another buyer who bids higher.

Legal analysis: After paying the down payment for a house, it is generally not possible to check out. If you want to check out, the two parties will negotiate and settle it according to the contract.

If the buyer moves out for personal reasons, he needs to pay a penalty in accordance with the contract, and the developer will refund the down payment. If it is the developer's quality reasons or does not conform to the contract, the developer needs to pay liquidated damages in accordance with the contract.

Legal basis: Article 186 of the Civil Code of the People's Republic of China Where the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Article 582:Where performance does not conform to the agreement, liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.

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.

If you don't want to return it, but the general developer will not agree to check out, if you pay the down payment and ask to check out for no reason, it is a breach of contract, and you generally have to compensate a certain amount of liquidated damages in accordance with the contract before you can return the down payment. You can negotiate with the developer first to find out if there are other solutions. What to pay attention to when checking out1. DepositAccording to the Contract Law, if the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party can choose to apply the liquidated damages or deposit clauses, but not at the same time.

If the buyer moves out due to reasons attributable to the buyer, the developer has the right not to refund the deposit; However, if it is the developer's responsibility, the buyer can receive double compensation. 2. When the insured buyer applies for a mortgage loan, the bank generally requires the buyer to insure the purchase of the house, and according to the relevant provisions of the Insurance Law, if the policyholder requests to terminate the contract, the insurer can collect the insurance premium for the period from the date of the commencement of the insurance liability to the date of termination of the contract, and the remaining part will be refunded to the policyholder. 3. Liquidated damagesAccording to the relevant provisions of the Contract Law, if the liquidated damages are not enough to make up for all the actual losses, the difference shall be compensated by the developer.

If the liquidated damages are higher than the actual losses, the developer will directly compensate according to the liquidated damages.

Questions. I paid a down payment on the house, and I signed a loan contract, but now I don't want it due to personal reasons, can I get it back?

Refundable treatment requires a penalty of 30% to 20%. It is 20% to 30% of the down payment on the house.

Questions. That's a lot.

Mainly look at your contract to emphasize that it is generally 20%.

Questions. The subscription agreement is not considered a contract.

Of course, the subscription agreement is a contract.

Questions. The down payment was paid 188992 and other expenses were paid 20,000 yuan, and if you return it, you can refund more money.

If I lose too much, I can list it now and sell it.

Of course, as long as you get the house, you can of course put it up for sale.

Questions. The house was delivered in June, and now it is to sign the loan contract, can I buy it now?

Now the condition that you can't buy or sell a house is that you have to have a title deed and hand over the house to you.

I paid a deposit and down payment to buy a house, and I don't want to buy it, the deposit cannot be refunded, and the down payment can be refunded. The deposit refers to the agreement between the parties that the parties shall pay a certain amount of money to the other party in advance as security in order to ensure the performance of the debt, 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. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

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 agreed debt, it shall return the deposit twice.

Questions. Is the down payment fully refundable?

Yes, dear. Questions.

I paid a deposit of 100,000 yuan and a down payment of 680,000 yuan, and if the house is not wanted, I can return the 680,000 down payment, and the 100,000 deposit will not come back, right?

The deposit is non-refundable!

The down payment is refundable.

If you look for someone, you can retreat, this.

Questions. Someone told me that the deposit cannot be refunded, and the liquidated damages have to be paid.

Dear, you need to find someone for this.

The deposit is non-refundable.

Because you occupy the house, you influence people to sell it.

I paid a deposit and down payment to buy a house, and I don't want to buy it, the deposit cannot be refunded, and the down payment can be refunded. The deposit refers to the agreement between the parties that the parties shall pay a certain amount of money to the other party in advance as security in order to ensure the performance of the debt, 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. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

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 agreed debt, it shall return the deposit twice.

Questions. Is the down payment sure it can be refunded in full? There will be no penalty for liquidation.

It will not be refunded, as required.

It depends on how you go to the developer and ask questions.

I say down payment. The down payment you mentioned earlier is fully refundable.

Dear, I'm sorry to see it wrong, I can't return.

Legal analysis: Yes, but you have to bear a certain amount of liability for breach of contract. If you buy a house and pay a down payment, you can't check out at will if you don't want to buy it.

Because the sales contract is legal and valid, it cannot be terminated at will. If the other party agrees to terminate the contract after negotiation, the buyer may also have to bear certain liability for breach of contract and compensate the other party for losses, so the down payment must not be refunded in full.

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

Article 119:Contracts established in accordance with law are legally binding on the parties.

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 186:Where the personal rights and interests or property rights and interests of the other party are harmed due to a party's breach of contract, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

I bought a house, handed over the Shouling Slender Limbs, and if I don't want it, I can return it. However, according to the sales contract and the relevant provisions of laws and regulations, it shall bear the liability for breach of contract.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If 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 responsibility for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Summary. Article 563 of the Civil Code [Statutory Termination of Contract] The parties may terminate the 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 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.

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If you buy a house and pay a down payment, you can return it if you don't want it, but you need to bear the liability for breach of contract, and you need a reasonable reason to be the other party's problem, 1Delay in attacking the old striker to hand over the developer 2Lack of valid documents and approvals3

As a result, the contract is invalid, and the developer does not change the design without the consent of the buyer, and cannot get the property right certificate4Unable to get a loan5The error between the measured area of the house and the provisional area is more than 3%.

Article 563 of the Civil Code [Statutory Termination of Contract] 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, the party quietly suspects that the party clearly indicates or shows by its own conduct that it will not perform its main debts; 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.

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After buying a house, you can return it if you don't want it, but you need to bear the liability for breach of contract and the corresponding amount of liquidated damages, and you must negotiate with the developer and reach an agreement, and the house that has signed the purchase contract can go through the corresponding check-out proceduresIf there is a check-out dispute, it is recommended to consult the check-out information consultation platform。[Click here to inquire about how to refund the deposit for the purchase of the house.]

1. When signing the house sale contract, liquidated damages should be agreed. Take out the signed contract and see how it is agreed in the contract, if it is agreed to be 10%, then you will have to bear the 10% liquidated damages. If there is a provision in the contract, liquidated damages will generally be paid in accordance with the provisions of the contract, but the difference between the agreed amount and the actual loss should not be too large.

2. Liquidated damages for buying a house and checking out refer to the money that should be paid to the other party if one party breaches the contract in accordance with the agreement of the parties or the direct provisions of the law. The purpose of the law is to protect the corresponding losses suffered by the non-breaching party due to the breaching party, and when one party violates the contract, the breaching party needs to pay liquidated damages to compensate the non-breaching party.

3. If the seller is unable to provide evidence to prove the losses suffered, and the buyer claims that the liquidated damages are too high, then the buyer may request legal assistance to apply for adjustment of the liquidated damages, and the court will make certain adjustments according to the actual losses caused by the non-breaching party. Paying liquidated damages for buying a house and checking out is indeed a bit high, and you can negotiate with the developer.

If you want to know more about the check-out information, it is recommended to consult the check-out information consultation platform, which has senior leavers to give one-on-one professional advice on the details of different cases, which has won the due rights and interests for many customers. The regular company specializes in helping customers return the down payment for buying a house, no charge if it is unsuccessful, and no fees are charged in the early stage. Professional refund of the purchase deposit, continue to learn from experience, for the majority of customers who need to solve the purchase deposit dispute professional legal knowledge, free consultation.