In daily consumption, people often need loans to buy a car. At times, however, for various reasons, applications for loans to buy cars have not been approved, which has troubled the purchasers. At this point, can people return the deposit already paid

First, we need to understand the nature of the down payment. The down payment is a form of money in which the contractual buyer expresses good faith, usually part of the commodity price, indicating that the buyer has promised to leave the goods it has purchased to the seller and to pay in full at a specified time. Normally, once a down payment is paid, it means that the parties have entered into a trade relationship。

In the case of unlicensed loans, the buyer may request the return of the down payment if the contract is cancelled within the period stipulated in the contract, i.e. before delivery. It should be noted, however, that under China ' s Contract Law, a seller has the right to withhold a down payment if the buyer breaches the contract. In the case of a car dealer's sales contract, it is generally provided that the buyer requires force majeure or the seller's failure to perform the contract to cancel the contract. If the buyer causes the contract to be cancelled, the seller is entitled to retain or withhold a down payment as a breach of contract。

But could it be considered “force majeure” if the failure to purchase the vehicle resulted from the non-payment of the loan? According to the law, force majeure includes non-human factors such as natural disasters, war and strikes. The failure to grant a loan can only be regarded as an artificial factor and therefore cannot be considered a force majeure category. In the contract terms, on the other hand, the payment of a down payment is one of the fundamental guarantees of the balance of contractual rights and obligations, and therefore some sales contracts provide that the down payment is not refunded if the loan is not granted。

How, then, can it be avoided that the lack of loans makes it impossible to purchase a car? First, buyers should be informed in advance of their credit position and try to apply for a loan before choosing a vehicle. Second, buyers need to read the purchase contract carefully, to clarify the terms of the contract and to understand the process and risks involved. Finally, buyers should maintain communication and keep abreast of the progress of loan applications。