How to refund the deposit for buying a house? What are the tips for refunding a deposit?

4 tips for refunding the deposit for buying a house: (1) Negotiate and settle, if someone else takes over the house, some developers will be willing to return the deposit; (2) Withdrawal on the grounds that the terms of the contract cannot be agreed; (3) Withdrawing on the grounds of the developer's violations; (4) Withdrawal on the grounds of force majeure. It is very difficult to get the developer to refund the deposit, and everyone must be cautious before buying a house and paying the deposit.

How to return the deposit for buying a house.

1. Some buyers do not want this house, which is a breach of contract, but they also achieve the purpose of refunding the deposit by adding a supplementary agreement. In addition, for projects without sales licenses or property rights certificates, such as internal subscriptions, because they do not have the sales conditions, the deposit can be refunded under any circumstances, and there is no need to do a lot of evidence collection work, and it is enough to sue directly.

2. There are certain conditions for the refund of the deposit, that is, it can be refunded because the terms of the contract cannot be agreed, and in addition, the contract must be signed within the time limit agreed in the subscription letter, and this must be proved if the deposit is to be refunded. This can be proved by the buyer's record of the amendments made by both parties during the negotiation of the terms of the contract, or by the recording of the conversation between the parties.

The above is about whether the deposit can be returned and how to return the seller's deposit, before paying the deposit for the purchase, the buyer must first think clearly, if the deposit is paid, then if you want to return the deposit, you must meet the conditions for the return of the deposit, otherwise the buyer is likely to be the defaulter, not that can not return the deposit, but also need to compensate for the loss.

The deposit for buying a house is generally non-refundable, but it is refundable in the following cases:

1. The parties cannot agree on the terms of the contract.

2. Both parties agree that the deposit can be refunded in the contract.

3. The developer does not have a sales license or property right certificate.

Legal basis: Article 586 of the Civil Code of the People's Republic of China provides that 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.

Article 587 of the Civil Code of the People's Republic of China.

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.

If the party paying the deposit fails to conclude a contract for the sale and purchase of commercial housing, it has no right to request the return of the deposit; If the party receiving the deposit fails to conclude a contract for the sale and purchase of commercial housing, the deposit shall be returned twice. 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.

Legal basis] 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 Commodity Housing Sales Contracts provides that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude a commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; 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.

Friends in the purchase of a house, should have encountered the sales staff urging the payment of the deposit, some friends do not understand the purchase of the deposit is not very clear, do not dare to pay easily, there are also friends in the payment of the purchase of the house after the purchase of the Liang Song, do not want to buy the house, so the deposit to buy the house can be refunded? If you want to refund the deposit, take a look at these conditions, do you meet them?

1. Can the deposit for buying a house be refunded?

Before signing a contract for the sale and purchase of a house, the buyer is often required to pay a deposit first, and the other party will also sign a deposit contract with him. Usually this kind of agreement to pay the deposit is unfavorable to the buyer, and the buyer often accepts the unequal terms of the other party against his will under the pressure of not returning the deposit, and his true intention cannot be reflected in the contract, which is contrary to the principle of fairness and justice of the contract.

Most buyers believe that no matter what the reason for the house, the deposit must not be returned, and some even give up on getting the deposit back, which is actually a misunderstanding. In fact, the deposit can be refunded.

2. Under what conditions can the deposit be refunded?

1. If the contract for the sale and purchase of second-hand houses cannot be concluded due to the reasons of one of the parties, it shall be dealt with in accordance with the provisions of the law on deposits, that is, the buyer gives up the purchase of the house for his own reasons and does not sign the sales contract, or the seller breaches the contract and does not sell the house, then the party who does not perform the agreed obligations has no right to demand the return of the deposit; If the party accepting the deposit fails to perform the agreed obligations, it shall return double the deposit.

2. If the contract for the sale and purchase of second-hand houses cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

3. If the buyer and the seller fail to sign the agreement because it is difficult to reach an agreement on the contents of the house sale agreement and the supplementary agreement, neither party can be held responsible, so the seller shall return the deposit in full to the buyer.

3. Be cautious when paying the deposit for the purchase of a house.

In the transaction process of commercial housing, signing the subscription letter and paying the deposit before signing the commercial housing sales contract is not a necessary procedure for signing the commercial housing sales contract. If the contract for the sale and purchase of commercial housing cannot be signed, the buyer can leave without any trouble.

Remind all buyers that after knowing the difference between the deposit and the deposit, when signing the letter of intent to buy a house, they must carefully check the relevant terms and conditions and sign carefully to avoid future disputes. A deposit is not in the nature of a deposit, it is usually a provisional subscription agreement that is to be negotiated further after the buyer and the developer have reached a preliminary agreement on the intention to buy and sell the house.

When signing the subscription agreement, it is necessary to clearly stipulate the content that is beneficial to you, such as under what conditions the deposit can be refunded, the legal consequences of not returning the deposit and how to bear the liability for breach of contract.

It is prudent to buy a house, and after the buyer and seller reach an agreement, the buyer needs to pay a certain deposit to ensure that both parties can buy and sell the house smoothly. If you pay the deposit, you should pay attention to the methods and skills of payment, and pay attention to avoid default. So can the deposit be refunded?

What are the tips for returning the deposit for buying a house? Let's find out.

Can the deposit be refunded?

1. We all know that the deposit is a part of the advance payment when buying a house, it is different from the intention money, if it is the intention money, the transaction is not completed can be returned in full, but the deposit cannot;

2. In addition, if it is a deposit, it is necessary to take responsibility after the breach of contract, and the buyer generally cannot recover the deposit, and if it is the seller, the deposit needs to be doubled, half of which is the deposit, and half is the liquidated damages.

3. However, the buyer's deposit is not always recovered, and there are two situations in which the deposit can be returned, simply put, it is not attributable to the buyer's responsibility;

4. One is that both parties to the sale and purchase have no intention of breaching the contract, but the details of the house sale are not agreed upon, that is, the two parties cannot reach an agreement.

5. There are also some external factors that do not transfer according to the will of both parties, such as force majeure, such as policy adjustment.

What are the tips for returning the deposit for buying a house?

1. It is necessary to determine whether it is a problem with the housing or sales department, or a problem that the individual only wants to return the purchase deposit. The two deal with the problem in different ways, so when dealing with the problem, it will also be solved in different ways. However, even if it is either way, it can be solved by the following solutions.

Whether it is from a real estate developer or a second-hand house purchased, when an individual does not want to buy a house and wants to return the deposit, it is necessary to negotiate with the seller on the specific solution and the proportion of the refund amount. Well, this brings us to the issue of negotiation with the seller.

2. If the settlement is negotiated with the seller, there is no need to go through other means. When it is not possible to negotiate with the seller, you can choose to find the relevant departments of the local street or community to mediate the matter. In this way, there is also a better mediation intermediary, which can better deal with the problems of both parties.

3. If it is subscribed within the company, then the company can negotiate and settle it. If the real estate company does not meet the conditions for sale, then the deposit can also be refunded. But generally speaking, it is rare to start selling a house without meeting the conditions for sale.

If you want to pay the deposit, you must first understand the appropriateness of the deposit, and if you want to return the deposit, you must pay attention to the methods and skills of returning, and avoid talking about the tomb to avoid being deceived. The above is about whether the deposit can be refunded? What are the relevant introductions to the return skills of the deposit for the purchase of a house, you must be cautious when buying a house, and you must be cautious if you want to pay a deposit, and do not blindly pay the deposit when you don't think about it.