In a real estate transaction, if the buyer breaches the contract, he has to pay a deposit or liquida

As for the question of whether the breach of contract in the sale of the house is a deposit or liquidated damages, according to Article 116 of the Contract Law of the People's Republic of China, the non-breaching party can choose to apply the deposit penalty or liquidated damages. The deposit penalty means that if the non-breaching party is the party paying the deposit, it has the right to require the breaching party to pay double the deposit; If the non-breaching party is the party receiving the deposit, the non-breaching party has the right to confiscate the deposit. The nature of liquidated damages in China's Contract Law is mainly compensatory and punitive to a limited extent.

On the one hand, the amount of liquidated damages to be paid is determined "according to the circumstances of the breach", that is, the agreement on liquidated damages should estimate the losses that one party may cause to the other party due to the breach, and shall not stipulate the amount of liquidated damages that is not commensurate with the original losses. On the other hand, if the amount of liquidated damages agreed by the parties is lower than the losses caused by the breach, the parties may request the people's court or arbitration institution to increase them appropriately so that the liquidated damages are roughly equivalent to the actual losses. Generally speaking, the maximum amount of liquidated damages is not more than 30% of the actual loss.

However, if it is too high or too low, the court can be requested to grant a decrease or increase. Legal basis: Article 115 of the Contract Law of the People's Republic of China stipulates that one party may pay a deposit to the other party as security for the creditor's rights in accordance with the Security Law of the People's Republic of China.

After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. Article 116 of the Contract Law of the People's Republic of China provides that if the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract.

Penalty. Generally, when buying a house, the buyer will pay a deposit, which is to prevent the loss if you don't buy, the general deposit is not much, it is written in the contract, if the buyer breaches the contract and does not buy, then the deposit will not be returned, in this case the deposit is liquidated damages. It also depends on how your contract is written, and some contracts are written about how much liquidated damages will be deducted from the deposit for breach of contract, and at this time, you must do things according to the contract.

In addition, if both parties have signed a purchase agreement before, they will pay liquidated damages according to the agreement. If you haven't signed anything before, you'll have to pay double the deposit.

Extended information: 1. According to the provisions of the Civil Code, only when one party has a material breach of contract, the other party has the right to terminate the contract and require it to return the pre-sale purchase price and interest, and pay liquidated damages. In addition, if the mortgage is processed, the bank will credit the loan to the developer's account, and this part of the house payment is considered to have been paid, and the buyer can demand compensation from the developer according to the total value of the house and the corresponding terms of the contract, which is protected by law.

It will be clearly stated in your purchase contract! Generally, it is 1 to 5 ten-thousandths per day of liquidated damages, please refer to your contract, you can calculate.

2. The developer breaches the contract, under normal circumstances, the circumstances under which the buyer can check out mainly include the following situations: the delayed delivery of the house arrives after the delivery date agreed by the developer and the buyer in the contract, but the developer does not get the notice of occupancy for a long time. According to the current Judicial Interpretation, if the developer fails to perform the property within a reasonable period of three months after being urged by the buyer, the buyer has the right to request the developer to move out of the property and request the return of the deposit or the payment of interest on the house price.

The error of the house area is more than 3%. If the absolute value of the error ratio between the measured area of the house at the time of delivery and the tentative area at the time of signing the contract exceeds 3%, the buyer can propose to move out and request a refund of interest. Substandard housing quality leads to serious impact on use.

According to the latest judicial interpretation, if the quality of the house seriously affects the normal residential use, the buyer can propose to move out and request the developer to compensate for the loss. If the quality of the main structure is unqualified, it can be entrusted to the engineering quality inspection agency to re-verify in accordance with the relevant regulations. The parties to the contract shall negotiate to determine the liquidated damages for the purchase contract.

However, this does not mean that the parties to the purchase contract can agree on excessively high liquidated damages in the real estate contract.

Deposit. A deposit is actually a liquidated damages.

Generally, when buying a house, the buyer will pay a deposit, which is to prevent the loss if you don't buy, the general deposit is not much, it is written in the contract, if the buyer breaches the contract and does not buy, then the deposit will not be returned, in front of the compensation.

Under normal circumstances, the buyer needs to pay a deposit, and if the booked house is not bought by then, the deposit will not be returned. Therefore, if the buyer defaults, it is a deposit. If the seller does not want to sell, the deposit will be refunded twice, which is a liquidated damages.

This mainly depends on how you write on the contract, some contracts are written yes, the deposit is deducted, and some are deducted how much liquidated damages, according to your contract.

This depends on whether the two parties have signed the purchase agreement, if nothing has been signed before, it is to pay double the deposit, and after signing, the liquidated damages will be paid according to the agreement.

If the buyer defaults, the deposit will not be refunded and the remaining money will need to be refunded.

Legal analysis: If the seller defaults after paying the deposit for the purchase of the house, the deposit shall be returned double.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the party who has no right to request the return of the deposit does not perform the debts or the performance of the debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the balance of the deposit shall be returned double.

If there is only one kind of contract in the contract, and if the contract stipulates both the deposit and the liquidated damages, the party who abides by the contract can choose to apply the liquidated damages or the deposit clause. According to Article 588 of the Civil Code, if the parties agree on both liquidated damages and a deposit next to the hall, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for the loss of the first party in excess of the amount of the deposit.

Article 588 of the Civil Code of the People's Republic of China provides that if the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the terms of breach of contract or deposit. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

When buying a house, the seller should return double the deposit if it defaults, because the seller is the party who receives the deposit. The law stipulates that if the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned double.

1. What is the deposit penalty?

The "deposit penalty" mainly refers to the fact that if the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

2. Can the deposit paid for the renovation of the house be refunded?

The deposit paid for the renovation of the house can be refunded depends on the situation. The deposit is a contract deposit, if both parties have fulfilled the contract according to the contract, the decoration company will return the deposit. If the renovation company defaults, the deposit must be doubled, and if the owner defaults, the deposit will not be refunded.

According to the law, if the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

3. Under which conditions can the deposit be refunded?

Conditions under which the deposit can be refunded:

1. The party who pays the deposit fulfills the debt;

2. The party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract;

3. The contract cannot be performed due to reasons not attributable to both parties.

According to Article 587 of the Civil Code, if the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Article 587 of the Civil Code.

If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

After the deposit is paid, the seller can ask the seller to return double the deposit if the seller defaults. The provisions of the law on the penalty of the deposit are as follows: if the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double.

Legal basis] Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 587.

If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure of the party to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.