The customer's house purchase loan cannot be repaid in the later period. Is the bank directly handling the customer's house or the developer repaying it on his behalf?

Hello, let me answer your question. I hope many people will encounter such problems when buying real estate, such as housing quality, delayed delivery, property services and so on. In addition to these real estate disputes, many people will encounter them when buying a house, and bank mortgages cannot be done because of personal credit problems. In this case, what should the buyer do and can he ask to cancel the contract? With regard to this issue, Article 23 of the Interpretation on Several Issues Concerning the Application of Laws in Disputes over Commercial Housing Sales Contracts stipulates that the commercial housing sales contract stipulates that the buyer pays by secured loan (mobile phone Baidu "Baidu Cash Loan", find the loan method that knows you best). If one party fails to continue to perform the commercial housing sales contract due to breach of contract, the other party may request to terminate the contract and compensate for the losses. If the commercial housing secured loan contract cannot be concluded due to reasons not attributable to both parties, and the commercial housing sales contract cannot be continued, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and its interest or deposit to the buyer. Even with legal protection, it is possible to ignore some details in the process of buying a house and put yourself in a passive position. Case: MISS ZHOU signed a commercial housing sales contract with a real estate company, with a total price of 165438+ ten thousand yuan; Payment method: MISS ZHOU paid a down payment of 330,000 yuan on the day of signing the contract, and applied for a commercial loan for the rest. On the second day after signing the contract, MISS ZHOU paid the company a deposit of 330,000 yuan. However, the mortgage loan has never been done. The mortgage bank said that it had received an application for personal housing loan from MISS ZHOU, but the credit was not good, which did not meet the bank's policy, so the loan was not approved. In March, 20 14, the company sent a dunning notice to MISS ZHOU, claiming that it was learned from the mortgage bank that MISS ZHOU had failed the mortgage qualification examination, and asked MISS ZHOU to pay the remaining house payment of 770,000 yuan in one lump sum within 10 days after receiving the notice. 2065438+In June 2004, MISS ZHOU sued the court to cancel the contract and refund the down payment for the house purchase. MISS ZHOU said that during the purchase negotiation, the sales staff of the company promised her that they would complete the relevant procedures. The court rejected MISS ZHOU's claim on the grounds that he could not handle the mortgage loan for his own reasons. Case analysis: In this case, according to the bank's explanation, it can be confirmed that the failure to conclude a secured loan contract in MISS ZHOU does not necessarily lead to the failure to continue to perform the commercial housing sales contract. Although MISS ZHOU claimed that the sales staff of the company had promised her to complete the relevant procedures, she could not provide evidence to prove this, so the court rejected her claim. Tips: If you know that there is a credit problem and you have the risk of loan qualification, don't trust the promise of the salesperson, or keep relevant evidence during the negotiation with him to prevent yourself from being in a passive and unfavorable situation after the problem occurs.