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The deposit for buying a house cannot be processed after the loan is paid. Can the deposit be refunded

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The deposit for buying a house cannot be processed after the loan is paid. Can the deposit be refunded


        

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  • 2024-06-18 12:00:59

    After buying a house, when the deposit is paid but the loan is not handled, whether the deposit can be refunded depends on which party's fault. If it is caused by the developer, that is, the developer has not obtained the pre-sale license, then the buyer can ask the developer to return the deposit and pay the interest loss. However, if it is due to the buyer's own reasons, such as the buyer's bad credit, which causes the bank not to lend, the deposit that the buyer needs to bear the corresponding responsibility is not refundable.

    Legal basis

    Article 586 of the Civil Code of the People's Republic of China [Deposit Guarantee] The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established 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 shall not have the effect of a deposit. If the amount of deposit actually paid is more or less than the agreed amount, it shall be deemed that the agreed amount of deposit has been changed.

    Article 587 of the Civil Code of the People's Republic of China [Penalty for Deposit] When the debtor performs the debt, the deposit shall be set off against the price or recovered. If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible 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 obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit.

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