The mortgage is refused to you. You request reimbursement of the deposit paid to the builder
You have signed a construction contract with company X, to which you have paid a deposit. Your bank made you a loan offer, but when the news was about your spouse's dismissal, it withdrew its offer before the deadline for obtaining the loan had expired. The builder must therefore reimburse you for the deposit you paid him.
The consumer code protects the purchaser who does not obtain the loans necessary to finance the proposed real estate transaction. This projection applies to the purchase of an apartment as well as to the purchase of a building plot. The minimum time to obtain the loans is one month from the signing of the contract. After this period, the contract becomes null and void, and the sums paid are reimbursed in full.
If the builder is late in reimbursing you the deposit you have paid, you can claim interest: from the fifteenth day of the request for reimbursement, the deposit produces interest at the legal rate increased by half.
Dear,
I informed you on (date) of the withdrawal by the bank of its loan offer, following the dismissal of my husband (my wife). You refused to reimburse us for the deposit claiming that the signed contract did not indicate that the price would be paid using a loan.
So I inquired about our rights. The law on real estate credit provides that the signed contract is concluded under the condition precedent of obtaining the loans which provide the financing (Articles L. 312-15 et seq. Of the Consumer Code). Although the contract does not mention the use of a loan, the benefit of the law is nevertheless automatic, since we have not indicated, by a handwritten clause, that we waive our use of these provisions.
Please accept, Madam, Sir, the expression of my best regards.
(Signature) 127
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