Can the developer refund the deposit if he has not obtained the pre sale certificate?

The developer cannot pay the deposit without obtaining the pre-sale license, because the law stipulates that if a real estate developer pre-sells a commercial house, it must have gone through the pre-sale registration and obtain the pre-sale permit certificate of the commercial house. Therefore, without obtaining a pre-sale permit, you are not allowed to ** the house, and you cannot pay a deposit.

[Legal basis].Article 22 of the Regulations on the Administration of Urban Real Estate Development and Operation.

Real estate development enterprises shall meet the following conditions for pre-sale of commercial housing:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

4) Have gone through the pre-sale registration and obtained the pre-sale license certificate of the commercial house.

Article 36.

In violation of the provisions of these Regulations, unauthorized pre-sale of commercial housing, the competent department of real estate development of the people's ** at or above the county level shall order the illegal acts to stop, confiscate the illegal gains, and may impose a fine of less than 1% of the advance payment collected.

If the developer does not obtain the "Commercial Housing Pre-sale License" to pre-sell the commercial housing, according to the circumstances and consequences of the violation, different levels of penalties will be imposed: 1. If one set is sold and the deposit or house price is not more than 500,000 yuan, the illegal income will be confiscated and the fine of the advance payment will be imposed; 2. If the sales of more than 2 sets and less than 5 sets or the deposit or house price collected exceeds 500,000 yuan but does not exceed 3 million yuan, the illegal gains shall be confiscated and the fine of the advance payment received shall be imposed; 3. If more than 6 sets are sold or the deposit or house price is more than 3 million yuan, the illegal income shall be confiscated and a fine of 1% of the advance payment has been collected. Article 38 of the Administrative Measures for the Sales of Commodity Housing stipulates that anyone who violates laws and regulations and pre-sells commercial housing without authorization shall be ordered to stop the illegal act and confiscate the illegal income; If an advance payment is collected, a fine of less than 1% of the advance payment already collected may be imposed concurrently.

If you pay a deposit for a house without a pre-sale certificate, you can ask the developer to refund it. Real estate without a pre-sale certificate cannot be ** house, and the purchase contract signed with the buyer is also invalid. In accordance with the relevant regulations:

If the buyer deliberately conceals the fact that he has not obtained the pre-sale permit of the commercial housing or provides a false pre-sale permit, the buyer can request the developer to refund the purchase price, interest and compensation for losses, so the deposit can be refunded.

Legal basis: Article 22 of the Administrative Measures for the Sales of Urban Commercial Housing.

If it does not meet the conditions for the sale of commercial housing, the real estate development enterprise shall not sell the commercial housing and shall not charge the buyer any fees in the nature of reservation money.

If the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the buyer with a fee in the nature of reservation money before entering into a contract for the sale and purchase of commercial housing, the fees charged shall be offset against the price of the house price when the contract for the sale and purchase of commercial housing is concluded; If the parties fail to conclude a contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fees charged to the buyer; Where there is another agreement between the parties, follow the agreement.

Legal analysis: 1. It is illegal to sell a house before the developer has obtained a pre-sale license. The law clearly stipulates that commercial houses that have not obtained a pre-sale permit for commercial housing shall not be sold, and the signed purchase contract is also invalid.

2. If you have signed a purchase contract, read the details of the purchase contract carefully to see if there are any unreasonable terms in the contract. If the lawyer does not refund the deposit, he can file a lawsuit with the people's court.

Legal basis: Article 568 of the Civil Code of the People's Republic of China: Where the parties owe debts to each other, and the subject matter of the debt is of the same type and quality, either party may offset its own debts with the due debts of the other party; However, this does not apply if it is not allowed to be set off according to the nature of the debt, according to the agreement of the parties or in accordance with the provisions of law. Where a party claims set-off, it shall notify the other party.

The notice is effective upon arrival at the other party. There shall be no conditions or time limits attached to set-offs.

Deposits are not allowed if the developer has not obtained a pre-sale certificate. The developer of the pre-sale of pre-sold real estate shall hold a commercial housing pre-sale license, and the developer's behavior of conducting pre-sale without obtaining a pre-sale license is an illegal act, and the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but the commercial housing pre-sale license obtained before filing a lawsuit may be deemed valid.

[Legal basis].

Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing shall meet the following conditions: (1) All land use right transfer fees have been paid and the Biming land use right certificate has been obtained; 2) Holding construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined. Article 6 of the Administrative Measures for the Sales of Commodity Housing implements a pre-sale permit system for the pre-sale of commercial housing.

The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

Legal analysis: Can the developer refund the deposit paid without a pre-sale certificate: According to the relevant laws and regulations, the pre-sale of commercial housing is not allowed without obtaining a pre-sale license, so the developer breaches the contract and must bear the liability for breach of contract and return double the deposit.

Legal basis: Article 9 of the Administrative Measures for the Pre-sale of Urban Commodity Housing shall present the Commodity Housing Pre-sale Permit to the purchaser for the pre-sale of commercial housing. Sales advertisements and instructions shall indicate the approval number of the "Commercial Housing Pre-sale Permit".

Article 6 of the Administrative Measures for the Pre-sale of Urban Commodity Housing implements a licensing system for the pre-sale of commercial housing. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

Yes, it can be refunded. 1. The "Commodity Housing Mill Chong Pre-sale License" is an approval document for the municipal and county people's real estate administrative departments to allow real estate development enterprises to sell commercial housing. The competent authority is the Municipal Land and Housing Management Bureau, and the certificate is uniformly printed, registered and approved and issued by the Municipal Land and Housing Management Bureau.

2. The developer can only sell the house and collect the house payment after handling the "Commercial Housing Pre-sale License", so the agreement between the developer and the buyer and the purchase and sale of the house price are not protected by national laws without obtaining the pre-sale certificate, so there is no such thing as the so-called deposit can be blind and cannot be refunded. You can ask the developer for a refund.

This is 100% refundable.

The law stipulates that developers must have complete documents before they can build or sell houses. If there is no certificate, there is no qualification to sell the house, it can be said that this is also an illegal operation, the qualification of the subject of the signed contract is not legal, the contract will be invalid, in this case, the developer not only needs to pay double the deposit, but also to the buyer needs to pay the loss to the buyer.

I hope it can help you, and you can ask questions.