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The down payment is generally non-refundable, because before paying the down payment, you will sign a letter of intent to purchase a house or a subscription letter. The subscription letter has the same legal basis as the contract. If you want to check out, you must judge your responsibility according to the terms in the subscription letter. If there is an agreement in the subscription letter, you can ask the developer to fulfill its promise according to the agreement in the subscription letter. If there is no agreement in the subscription letter that you can return it, then you don't have to refund it.
Buying a house is not a child's play. Don't rush to pay, let alone pay a down payment, before you have thought it through carefully. Even if you pay a deposit, you decide that you cannot get a refund. At present, most first-hand houses are still future houses, and there will be no existing houses. Even existing houses are impossible to buy, and you can move in immediately, so don't waste time, go through the contract and home purchase procedures. If you really don't like it, you should get the real estate certificate first. Without a real estate certificate, you cannot trade. I hope this helps you! Check whether you have signed a commercial housing subscription agreement and whether the down payment includes a deposit. Yingting Law Firm has rich practical experience in administrative litigation. It uses solid legal knowledge and theoretical literacy to study a series of legal disputes in administrative litigation. It has accumulated rich experience in handling cases in all aspects and treats every party concerned with care.
Circumstances under which home buyers can check out
1. Deviation in house area
2. Delayed handover: If the house is not handed over on time within the time limit specified in the contract, or the house is not handed over within a reasonable period of time after being urged by the buyer, the buyer may request to terminate the contract and check out.
3. Unauthorized changes to the house plan and design: If the buyer discovers that the developer has modified the house without permission and notification.
4. Home buyers whose main body quality of the house is unqualified
Check out process
1. The home buyer sends a check-out notice to the developer: First, the home buyer needs to submit a check-out opinion to the developer, which can be done by email.
2. If the developer is responsible for check-out, the developer will be responsible for the losses caused by check-out, including loan interest, down payment deposit interest, property purchase tax, etc.
3. The specific agreement on compensation shall be implemented in accordance with the agreement in the house purchase contract.
4. If the contract cannot be continued due to the failure of the home buyer's loan, the developer does not need to bear compensation liability. The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.