What if the owner refuses to hand over the house after the loan?

1. What if the owner refuses to hand over the house after the loan?

When the developer delays the delivery of the house, it should be handled according to different situations:

1. If the real estate sales contract stipulates that both parties are liable for breach of contract, it shall be handled according to the contract.

2. If there is no agreement in the contract, it shall be handled according to law. According to the provisions of Articles 15 and 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contracts, the following treatment can be made:

(1). If the seller delays the delivery of the house or the buyer delays the payment of the house price, and fails to perform it within a reasonable period of three months after being urged, the owner may request to terminate the contract, unless otherwise agreed in the contract. The reasonable period for exercising the right of cancellation is three months. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished.

(2) The owner may demand liquidated damages for late delivery. The liquidated damages for overdue delivery shall be determined according to the rent standards of similar houses in the same lot published by the relevant competent authorities or assessed by qualified real estate appraisal agencies during the overdue delivery period.

Second, the bank's second-hand housing loan has been approved, but the loan is delayed and the seller refuses to hand over the house. What should I do?

Bank loans are usually issued in batches. Ask the bank how much is enough and how much is left. You should know how long it will take to get a loan. As for the contract, it depends on how you two agreed on the contract at that time, but I think others have a point. If you can't get the money, you can have the house. If anyone wants to go.

Third, the second-hand housing loan bank has approved it for a long time, but what should I do if it is delayed?

This situation should be handled according to the situation: if the loan has been approved by the bank, buyers and sellers can only wait patiently for the loan; If the loan is not approved, the buyer and the seller can negotiate how to pay the final payment. If the buyer really can't pay the final payment, he can only terminate the contract according to the relevant terms of the contract. in?that?case

4. The bank's second-hand housing loan has been approved, but the loan is delayed and the seller refuses to hand over the house. What should I do?

First of all, there are two situations. 1. The second-hand housing loan has been approved. Have you seen the loan acceptance letter from the bank? 2. Don't let the intermediary tell you that it's over. You should have a loan commitment letter, but the bank's quota is tight and you can only queue up. There is nothing to do but wait. 3. If the general commitment letter does not say the loan term, it will be sued in vain. You can try to ask the CBRC for help, and it is estimated that the effect is not great. 4, you can consider finding a relationship and giving gifts. It must be borrowing money. When exactly did you check in? If it is at the end of the month, it should be possible to lend money next month. If the amount of gold bank is tight. I can't arrange for you next month. You shouldn't have much problem next month. In addition, if this happens, you should first ask the bank what the situation is, whether the loan approval failed, the process was stuck, or whether the loan approval passed and the bank delayed lending. If the bank loan fails, there will generally be a short message prompt, and the bank account manager will directly tell the purchaser that the loan failed. In this case, another bank can only re-apply for a mortgage. If the loan has been approved, but the bank delays in lending, it is the bank's responsibility. General property buyers will sign a mortgage contract with the bank when applying for a mortgage, and there will be corresponding regulations on the time of lending. If the bank breaches the contract and does not lend money beyond the agreed time, it can also pursue the responsibility of the bank and demand compensation from the bank. Of course, if banks really tighten their lending policies because of the shortage of money, buyers can wait patiently. After all, many banks have not only raised the mortgage interest rate recently, but also tightened the audit. Article 107 of China's Contract Law stipulates that if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. In the purchase and sale of houses, if the buyer has paid the price and the seller fails to deliver the house, the buyer may require the seller to continue to perform the obligation of delivering the house; Or if the seller has delivered the house but the buyer fails to pay the price, the seller has the right to ask the buyer to continue to pay the price. At the same time, continued performance will not affect the breaching party's compensation for losses or payment of liquidated damages to the observant party. However, the following circumstances do not apply to the continued performance: (1) it cannot be performed legally or in fact; (two) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; (3) The creditor fails to demand performance within a reasonable time limit.