The real estate contract received a deposit of 3o yuan, and how much liquidated damages should be pa

1. Liquidated damages in law refer to the currency in which it is agreed that the breaching party shall pay a definite amount (directly agreed upon or agreed on a calculation method that can determine the amount) to the injured party when the breach of contract occurs when the contract is signed, and it has been determined before the breach of contract occurs, and there is no question of what standard is used to calculate it. In addition, the judicial interpretation of the Supreme People's Court stipulates that the maximum amount of liquidated damages shall not exceed 20% of the subject matter of the contract, and the excess amount will not be supported by the court.

2. Contract Law:

Article 114:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

3. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China (II):

Article 29: Where a party claims that the agreed liquidated damages are too high and requests an appropriate reduction, the people's court shall, on the basis of the actual losses, take into account comprehensive factors such as the performance of the contract, the degree of fault of the parties, and the expected benefits, and weigh them in accordance with the principles of fairness and good faith, and make a ruling.

Where the liquidated damages agreed upon by the parties exceed 30% of the losses caused, they can generally be found to be "excessively higher than the losses caused" as provided for in paragraph 2 of Article 114 of the Contract Law.

According to the breach clause of the contract, if there is no breach of contract clause, according to the deposit penalty, the party collecting the deposit will return the deposit twice the amount in breach of contract, and the party paying the deposit will confiscate the deposit in breach of contract.

Legal analysis: The amount and calculation method of liquidated damages in the contract are agreed in the contract, and the specific amount of compensation depends on how the breach of contract clause in the contract requires.

Legal basis: Article 585 of the Civil Code of the People's Republic of China may stipulate that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the court or arbitration institution may appropriately reduce them at the request of the parties.

Legal analysis: The amount and calculation method of liquidated damages in the contract are agreed upon by the parties to the contract, and the specific amount of compensation depends on how the breach clause in the contract is agreed.

Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

According to the deposit penalty, it can be known that if 20,000 yuan does not exceed 20% of the contract amount, then the party that received the deposit will be compensated 40,000 yuan for breach of contract, and if the party who gives the deposit is in breach of contract, the deposit will be lost. In other words, if the party receiving the deposit breaches the contract, the party bears double the liability for compensation. However, whether the deposit of 20,000 yuan exceeds 20% of the contract amount depends on the specific situation.

If this specific provision is exceeded, the excess is invalid and cannot be compensated twice. If it does not exceed 20%, the other party will return 40,000 yuan.

2. What is the deposit for breach of contract?

Liquidated deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract. In a commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer does not perform the contract, he has no right to demand a return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double. Chinese law also stipulates that the deposit shall be agreed in writing and shall not exceed 20% of the standard amount of the main contract.

Once the parties have agreed on the deposit in writing and actually paid the deposit, the corresponding legal consequences will arise.

On the other hand, as a kind of guarantee for the performance of the contract, Chinese law stipulates that the guarantee contract (i.e., the deposit clause) is a subordinate contract of the main contract, and if the main contract is invalid, the deposit clause is invalid (if otherwise agreed, it shall be agreed). In other words, if the contract is invalid, the deposit clause is also invalid, and the party receiving the deposit should return the deposit. If the main contract is invalid due to the fault of one party, the at-fault party shall bear the corresponding civil liability, instead of confiscating or returning the deposit twice.

It is worth mentioning that before signing a formal house pre-sale contract, the relevant subscription letter (or letter of intent) signed by the buyer and seller is not a house sale contract, and does not have the legal effect of a house pre-sale contract, but is only a contract in a broad sense. If there is a deposit clause in the subscription letter, the developer has the right to confiscate the deposit if the purchaser repents after signing the subscription letter; If the developer defaults and does not sign a formal pre-sale contract with the buyer, the buyer has the right to demand double the deposit from the developer.

The liquidated damages for the deposit of 20,000 yuan for the purchase of the house are as follows:

The penalty shall be imposed according to the deposit, and if the party receiving the deposit breaches the contract, it shall bear double the liability for compensation.

However, whether the deposit of 20,000 yuan is more than 20% of the contract amount depends on the specific situation. If the specific provisions are exceeded, the excess part shall be invalid and shall not be compensated twice. If it does not exceed 20, the other party will return 40,000 yuan.

The parties may, in accordance with the provisions of the law, 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 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.

Civil Code of the People's Republic of China

Article 587: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 delayed contract, the deposit shall be returned double.

First of all, it depends on whether the two parties have agreed on the deposit penalty. If there is no agreement or the word "fixed" is not written, it cannot be deemed that a deposit contract has been signed. If there is an agreement, if the party receiving the deposit breaches the contract, it shall bear the liability of double compensation.

However, at this time, it is necessary to check whether the deposit of 20,000 yuan exceeds 20% of the contract amount. If it exceeds 20%, the excess is invalid and cannot be compensated twice. If it does not exceed 20%, the other party will return 40,000 yuan.

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 realize the provisions of the contract, the deposit shall be returned double.

Paragraph 2 of Article 586 of the Civil Code 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, and the excess part shall not have the effect of burying the deposit." ”

Note: The Civil Code will come into force on January 1, 2021.