Xinhua Guangzhou on April 18 Reuters Recently, the Guangzhou Tianhe District
Court concluded with the buyer for the mortgage fails, the deposit can be
refunded the purchase of sale of real estate disputes. The final judgment of the
court that if the purchaser does not meet the bank mortgage lending procedures,
not by way of mortgage to buy a house, then the developer can not refund the
buyer's purchase deposit, so the purchaser to be used as mortgage buyers must be
careful careful understanding of the relevant legal knowledge .
According to
research subjects introduced Tianhe District Court, Chen saw Tianhe Area with
housing after signed with the developer of the "subscribe book" and delivered a
20,000 yuan deposit, by way of mortgage purchase program, the two sides also
agreed on the signing official "real estate sales contracts" time. Chen is not
the first time home buyers because, in his application for bank mortgage process
can not handle eighty percent of commercial mortgage loans. After running
multiple bank to no avail, Chen considered a violation of the developer when the
signing of the subscription book about eighty percenapartment rent shanghait can assist with
mortgage commitments, the developer was required to refund the deposit, the
parties end up in court.
Tianhe District Court, after hearing that the two
sides of the "subscribe book" is not about the developers promised to help
eighty percent completed the terms of mortgage loans, but on the "life of the
mortgage and loan facilities to banks final approvapartment for rent shanghaial." and "If
the bank is unable to approve the buyer's mortgage application, the buyer
notification received from the bank within 5 days from the date provided by the
seller failed to select another payment method, the seller may forfeit deposit",
"shanghai real estateBuyer shall meet
at the subscription book agreed period of time, with the Party signed a "real
estate sale" and " Supplemental Agreement" Late seller
forfeited deposit "of the agreement.
The court held that although Chen said
it was because the developer fails to fulfill its commitment to assist for bank
mortgage process that led to its unsigned, but its developers have confirmed
that neither the corresponding burden of proof made to him, "promise", nor
evidence confirms that it has to apply for a bank mortgage process and require
developers to provide assistance, which Chen should bear the corresponding
burden of proof can not be legal consequences. As Chen has long exceeded
"subscribe book" agreed contract period, also failed to adduce evidence
confirmed that no contract is due to the developer's reasons, it did not
constitute a breach of contract behavior. Eventually, Tianhe District court
dismissed all claims Chen.
Research Branch Tianhe District Court officials
said that similar disputes in the recent past have occurred, which is one of the
main reason people do not buy a house, being wary of signing behavior. In this
regard, the Court reminded the public to buy real estate, the first to seriously
consider their own financial capacity, if the mortgage, to apply for bank
mortgage advance really understand the procedures and requirements in the
contract with the developer or owner, you should carefully read all required to
sign a contract, find out the legal significance of the terms, the legal nature
of the deposit to understand clearly, for its commitment to the content, be sure
to specify in detail in the contract, when a dispute has arisen, but also to pay
attention to evidence.
