It depends. If the developer does not have the qualification to sell commercial housing, it is illegal not to refund the deposit. If the law does not meet the conditions for the sale of commercial housing, the developer shall not sell commercial housing or charge any fees in advance. Therefore, if the commercial housing does not meet the sales conditions and the purchaser has paid the "down payment", the developer should unconditionally refund the down payment to the purchaser regardless of whether the two parties agree to refund the "down payment".

Legal objectivity:

Article 22 of the Measures for the Administration of Commercial Housing Sales stipulates that developers may not sell commercial housing or charge any fees with the nature of advance payment if they do not meet the conditions for commercial housing sales.