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Under what circumstances, how can I check out and refund the deposit?
Buying a house now requires a certain deposit, which is very common in many real estate sales. Can the deposit be refunded if the buyer goes back on his word? For this matter, Bian Xiao will tell everyone! ! !

1. When can I check out and get my deposit back?

(1) Developers are not qualified to sell houses.

The law stipulates that developers must have complete documents before they can sell houses in Gai Lou. If the documents are incomplete and there is no qualification to sell a house, it is illegal business. If the qualification of the subject of the contract is illegal, the contract is of course invalid. In this case, the developer not only needs to pay double the deposit, but also needs to compensate the buyers for the losses.

(2) Late delivery

When signing the contract, the delivery time will definitely be agreed. If the developer fails to deliver the house according to the agreed time, the law stipulates that the developer can't deliver the house for more than three months, and the purchaser can ask the developer to return the house, and ask for double refund of the deposit or payment of interest on the house payment.

(3) Area error.

The error of the delivered housing area is clearly stipulated by law and cannot exceed 3%. If the error ratio between the measured area at the time of delivery and the signed temporary measurement area exceeds 3%, the seller will breach the contract, and the buyer may request to return the house and claim interest.

(4) Equipment and decoration are not in conformity with the contract.

The equipment such as heating, central air conditioning and natural gas agreed by the developer in the contract does not meet the national standards and there are quality problems. If the developer breaches the contract, the buyer may request to return the house and claim compensation for interest.

(5) Change planning and design

Developers arbitrarily change the planning and design drawings, arbitrarily change the room type, orientation, area and other related design conditions, and buyers can ask developers to return a house according to the contract.

(6) The house quality is unqualified.

If the settlement of the building foundation exceeds the allowable value, the size of steel bars exceeds the allowable value, the steel bars are too thin, the concrete structure is deformed, and the strength of the masonry structure is not enough, the developer will breach the contract, and the buyers can ask for return of the house and compensation.

(7) Failing to go through the formalities of property right transfer on schedule.

Because of the developer's reasons, the buyer can't handle the transfer and online signing within the time limit agreed in the contract, and can't obtain the property certificate of the house, so he can ask to return the house.

Second, the deposit can be refunded under applicable circumstances not attributable to both parties, as follows:

1. The contract was not successfully signed.

The deposit is only for signing the contract. When the two parties sign a formal contract, if they can't reach an agreement, it can be regarded as a cause not attributable to both parties, and the deposit should be returned. The main reason for returning here is that the contract was not signed successfully, and the reason is not the fault and responsibility of both parties.

2. Force majeure and other factors other than the will of the parties.

For example, when handling mortgage loans, the bank's internal policies have changed and it is impossible to handle mortgage loans. If the parties are not at fault, the two sides are not responsible for each other and the deposit should be refunded.

Bian Xiao would like to remind you that in both cases, you can boldly ask the seller for a deposit!

(The above answers were published on 20 17-08-29. Please refer to the actual situation for the current purchase policy. )

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