If the loan is not approved, it is difficult to refund the deposit if the house is broken.

Information Times (Reporter Hui Ying correspondent Yu) Recently, Guangzhou Real Estate Agency Association released 20 18 second-hand housing transaction disputes related data and cases. Last year, the association accepted 78 consumer complaint intermediaries, and successfully withdrew 37 cases through mediation, saving consumers an economic loss of 6.5438+0.83 million yuan.

The cases of consumer complaint intermediary are mainly divided into four situations. Among them, there were 24 cases in which intermediaries failed to fulfill their obligation of careful review or concealed the housing situation. It mainly includes the intermediary's failure to examine the disposal right of the owner's agent, concealing the housing information such as the existence of * * * people, housing mortgage, unpaid land transfer fees, degree occupation, illegal housing construction, real transaction price, etc.

There are 24 cases in which both parties to the transaction have breached the contract and refused to perform the contract. Most of the reasons are that both parties are unfamiliar with the transaction process, the house payment is not well prepared, and the contract terms of some transaction details are not clear. Such cases usually involve economic disputes such as deposit, down payment, liquidated damages or intermediary service fees. If one party does not participate in the mediation of the association or the mediation fails, it is suggested that the parties actively respond to the lawsuit and make preparations for solving it through judicial channels as soon as possible.

In the process of handling consumer complaints, the association found that some disputes have a lot to do with consumers' lack of caution and contractual spirit. For example, both parties to the transaction are unwilling to perform the contract because of the fluctuation of market price before and after signing the contract, the deviation of buyers' judgment and policy interpretation on the qualification of buying a house or loan, and rashly sign a house sales contract. There are also very few parties to the transaction who sign the sales contract and related agreements with their handprints on white paper.

In this regard, the association suggested that consumers should know the transaction process and precautions of the stock room in detail before the transaction, and make a full evaluation. At the same time, consumers are also reminded to choose formal intermediaries and real estate intermediaries that handle industrial and commercial registration and filing procedures, and check the intermediary credit files through the website of Guangzhou Housing and Construction Bureau (www.gzcc.gov.cn) or the micro-signal of the association (gzrea20 10).

Case: I applied for a loan of 6.5438+0.8 million, and the bank only lent 6.5438+0.2 million.

2065438+On May 2, 2008, a residential area took a fancy to a 2.8 million house under the introduction of an intermediary company. A residential area signed a house sales contract with the owner Song, stipulating that the buyer applied for a loan of 6,543,800 yuan+0.8 million yuan from the bank and paid the owner a down payment of 50,000 yuan. After the bank's audit, the property was old, and only a loan of 1.2 million yuan was approved. After a community failed to raise funds, he thought that the failure to approve the expected loan amount was caused by the older building, not his own reason, so he filed a lawsuit with the court, demanding that the contract be terminated and the deposit be returned.

After examination by the court, there is no evidence to prove that the owner Song deliberately concealed or provided false room age. The owner Song agreed to terminate the contract, but refused to refund the deposit. In the end, the court ruled that the contract between the buyer and the seller was terminated, and rejected the appeal of a district asking the owner Song to return the deposit.

Tips:

The Letter on Standardizing the Approval of Housing Provident Fund Loans stipulates: "The calculation standard of second-hand housing construction age: the second-hand housing construction age is the oldest in the construction time of commercial housing sales contract, the mapping time of property right certificate and the evaluation report."

Lawyers of the Association's Legal Advisory Service Center reminded that the longer the building is, the smaller the room for appreciation and preservation of the building's age, and the lower the proportion of loans generally approved, or even the loans may not be approved. Property buyers who want to buy a house with a real estate mortgage loan must pay attention to their economic situation, repayment ability and loan conditions required by the bank, and buy real estate within their affordability. In addition, the buyer can also agree with the owner in the contract that if the loan amount approved by the bank is less than the loan amount applied by the buyer, the sales contract and other clauses can be cancelled to minimize the loss.