Can I get a refund if I have paid a deposit but have not signed a contract?

Deposits are generally non-refundable.

Legal basis] According to Article 115 of the Contract Law, the parties may, in accordance with the Security Law of the People's Republic of China, stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. 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.

1. Can I get a refund if I have paid a deposit and have not signed a contract?

1. After paying the deposit and not signing the contract, the deposit can be returned like a mess. The deposit shall be agreed in writing. The parties shall stipulate in the deposit contract the time limit for the payment of the deposit.

The deposit contract is effective from the date of actual payment of the deposit. The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

2. Legal basis: Article 157 of the Civil Code of the People's Republic of China.

After a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.

Article 562.

The parties may terminate the contract by consensus. The parties may agree on the reasons for the termination of the contract by one party. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

2. What are the precautions for signing the contract?

The precautions for signing the contract are as follows:

1. Verify and confirm the subject qualification of the other party;

2. The form of the contract must be signed in writing;

3. The necessary terms of the contract should be specific and clear;

4. Pre-contractual obligations;

5. The authorization documents such as power of attorney, letter of introduction, and sealed contract issued by the company should be tracked and managed.

The deposit cannot be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contract obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double.

Article 587 of the Civil Code of the People's Republic of China [Deposit Penalty] If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the party who pays the deposit shall not have the right to request the return of the deposit; 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.

Hello dear, glad to answer for you! I'm sorting out the topic for you, so please wait two minutes [flowers] [flowers] [flowers] [flowers].

Hello dear, glad to answer for you! According to your description, the company has not signed the contract of the deposit can be refunded, but the following three circumstances are excepted: 1. If the deposit is paid, the two parties have negotiated on the content of the contract but cannot reach an agreement, resulting in the failure of the contract, the deposit penalty does not apply.

2. If one party fails to negotiate within the agreed time limit or changes the contents of the subscription letter without reason, resulting in the failure to conclude the sales contract, the deposit penalty shall apply. 3. If one party has a legitimate reason due to force majeure, unexpected events or policy adjustments, the deposit penalty shall not apply. Expansion:

Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing stipulates that: "If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, ordering, reservation, etc., if it fails to conclude the contract for the sale and purchase of the commodity housing due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the Law on the Deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. "I hope mine can be helpful to you [flowers] [flowers] [flowers] [flowers].

Legal analysis: If you pay the deposit and do not sign any contract, the deposit can be refunded, but whether it can be returned in full depends on the specific situation. The deposit shall be agreed in writing.

The parties shall stipulate in the deposit contract the time limit for the payment of the deposit. The deposit contract is effective from the date of actual payment of the deposit.

Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Legal analysis: If the developer breaches the contract, the deposit can be refunded even if the contract is not signed.

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 by those who know it late. 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 inability 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 in double.