Ask about the deposit what is urgent

The deposit is a guarantee for both parties to enter into a contract, if you do not sign the contract, the deposit can be confiscated, if the developer does not sign the contract, you can ask for double return. However, there is generally a hesitation period, and the deposit can be refunded if you regret it within a few days.

It's really not good, you find someone you want to buy, make a change, and the house will be transferred to someone else.

Deposit refers to the form in which the parties agree to pay a fixed amount of money to the other party in advance as security in order to ensure the performance of the debt.

Pursuant to Article 89 of the Security Law, the parties may agree 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.

Article 90 stipulates that the deposit shall be agreed in writing. The parties shall stipulate in the deposit contract the time limit for the payment of the deposit.

Article 91 stipulates that 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.

A deposit is a form of security in which a certain amount of money is paid as security before the conclusion of a contract or its performance.

If the party paying the deposit fails to perform its contractual obligations, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its contractual obligations, the deposit shall be refunded twice.

Advance payments are refundable.

Deposit refers to the guarantee method in which the parties to the contract pay a certain amount of money to the other party in advance at the time of the conclusion of the contract or before the performance of the contract in accordance with the provisions of the law and the contract. If the party who pays the deposit fails to perform its debts, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform its debts, it shall return double the deposit.

The broker will answer for you: a deposit is a certain amount of money paid before the conclusion of a contract or performance as a form of security, also known as a security deposit. The party who pays the deposit is called the party who pays the deposit, and the party who receives the deposit is called the party who receives the deposit.

To put it bluntly, it is a textual specification of small contracts that protect the rights and interests of both parties.

Definition of deposit: Deposit refers to the agreement between the parties that the parties shall pay a fixed amount of money to the other party in advance as security in order to ensure the performance of the debt.

Introduction of deposit: The amount of the fictitious deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit shall be dispersed or recovered after the debtor restricts the debt.

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.

Characteristics of the deposit:

1. The deposit has subordinate attributes. The deposit exists with the existence of the contract and is extinguished with the extinction of the contract;

2. The deposit is paid in advance. After the contract is concluded, the delivery before the performance can play the role of guaranteeing the leaser's hand burning;

3. The deposit has double guarantee. At the same time, the claims of both parties to the contract are guaranteed.

Legal analysis: The deposit refers to the agreement between the parties to pay a certain amount of money to the other party as a guarantee in order to ensure the performance of the debt, and the amount of the deposit is agreed by the parties, but shall not exceed 20% of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for the delivery of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

Laws and administrative regulations stipulate that or the parties agree that the contract shall be concluded in written form, and the contract shall be formed when the party has not adopted the written form but one party has performed its main obligations and the other party has accepted it.

"Deposit" refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, which is a legal security method, the purpose of which is to promote the debtor's performance of the debt and ensure that the creditor's claim can be realized. When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed. If the party paying the deposit fails to perform its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill the debt, the debt will be doubled to the other party.

After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement.

The "deposit" is not clearly stipulated in China's law at present, it does not have the guarantee nature of the deposit, can be regarded as "advance payment", when the contract can not be performed, in addition to force majeure, should bear the liability for breach of contract according to the fault of both parties.

The difference between the deposit and the deposit is mainly manifested in: 1. The agreement to pay the deposit is from the contract, and if the deposit should be paid according to the agreement but is not delivered, it does not constitute a breach of the main contract; The agreement to pay the deposit is part of the main contract, and if the deposit should be paid according to the agreement but is not paid, it constitutes a breach of the main contract. 2. In the event that one of the parties to the delivery and receipt of the deposit fails to perform its contractual obligations, the deposit shall not be subject to the loss or double return of the advance payment, and the deposit shall only be used as damages.

There are certain legal restrictions on the amount of the deposit and the amount of the deposit, for example, the Guarantee Law stipulates that the amount of the deposit shall not exceed 20 of the amount of the subject matter of the main contract; The amount of the deposit is freely agreed between the parties, and the law generally does not restrict it. 4. The deposit is of a guarantee nature, and the deposit is only a unilateral act and does not have the nature of a guarantee.

When buying a house for the first time, many people can't figure out the terms, and the real estate agent or developer makes a lot of "money", and some of them are refundable, some cannot be refunded, and some are even illegal. To apply for a bank loan, some fees need to be paid, and some are "overlord clauses"!What is the difference between deposit, deposit, sincerity and intent money?

What is the deposit

1. Deposit

A deposit is a form of security in which a certain amount of money is paid as security before the conclusion of a contract or the performance of a contract. The deposit is non-refundable. The amount of the deposit should not exceed 20% of the amount of the subject matter of the main contract, that is, when the other party asks for more deposit, you can directly raise an objection and refuse on the spot.

The parties may agree 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 regarded as the price or **.

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.

2. Deposit

Also known as an advance payment. After the preliminary agreement is reached, the two parties further negotiate and sign a provisional subscription agreement, and the purchase of the house is obtained by paying a deposit to obtain the right of first refusal during this period. Unlike the "deposit", the deposit is refundable.

Before signing the subscription agreement, it is necessary to agree on the selected house number, area, unit price, total price, and delivery period. In the event that the contract has not been performed, the advance payment must be refunded in the original amount, regardless of whether the paying party breaches the contract or the receiving party defaults on the contract.

The deposit is not protected by law, the deposit is protected by law.

The default refund of the deposit is a single refund. , the deposit default refund should be doubled.

3. Sincerity gold

Buyers show their sincerity to buy a house, which needs to be reflected by paying a sincerity money. After paying the earnest money, the buyer will get the right of first refusal to buy the house and enjoy a certain degree of discount on the house price. When the property is officially launched, buyers can choose the house in the order of "priority selection".

However, according to the regulations, any form of pre-sale permit is an illegal activity of the developer without obtaining a pre-sale permit and is expressly prohibited by the state. The pre-sale license fee has no legal effect!

Most of the early referral discounts of real estate developers are "flowers in the mirror" and "moon in the water", which look very beautiful, but in fact there are many unexpected huge risks, such as postponing the opening, raising house prices, unable to supervise, etc., we must keep our eyes open and avoid losses.

4. Intention money

And sincerity gold is almost the same. It is often reflected in the contracts signed between the intermediary and the buyer and the seller that the buyer pays a small amount, which is the spontaneous act of the parties, and this "gold" can be directly used as the house payment after payment. The amount of earnest money to be paid shall be freely agreed upon by the parties.

When paying the intent money, buyers should pay special attention to whether the expression of the written agreement and the official seal of the receipt are in good condition, and be vigilant against the pre-sale certificate of the real estate without a pre-sale certificate to collect the intent money in advance. If there is a risk that the real estate has not been able to obtain the pre-sale certificate or is unfinished, the capital chain of the real estate enterprise is broken, and the money may not be returned.