Is the deposit of the purchase agreement refundable, and is the deposit of the purchase agreement re

1. The deposit is fully refundable, and the deposit is non-refundable!

2. The deposit is not a standardized legal concept, in fact, it has the nature of advance payment, is a means of payment for the parties, and does not have the nature of guarantee. In a commercial housing transaction, if the buyer fails to perform his contractual obligations, it does not mean that he has lost the right to request a refund of the deposit; There is still a right to a full refund.

3. Deposit is a standardized legal concept, which is a form of guarantee voluntarily agreed upon by the parties to the 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. China's "Guarantee Law" also stipulates:

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.

Is the deposit refundable?

It is necessary to figure out whether it is set or decided. The deposit can be refunded, the deposit is more difficult, of course, it depends on what the situation, if it is simply because of regret afterwards, credit is not good, financial problems, etc., of course, it is impossible, according to the deposit penalty, the developer has the right not to refund the deposit. But if you can catch the developer's fault, it's different, my friend entrusted a worker surnamed Wei called the "Real Estate Rights Protection Station" to grab the developer's handle and get the deposit back.

Therefore, it is important to ask for a refund of the deposit on what basis.

Legal analysis: 1. The deposit is refundable. As long as the parties agree not to refund the "deposit" in the nature of advance payment, they shall be agreed upon in accordance with the law.

2. The deposit is non-refundable. If the deposit paid by the buyer is less than 20% of the total amount, the buyer cannot claim a refund of the deposit if he does not want to buy the house for his own reasons. If you exceed 20%, you can claim a refund.

Therefore, when signing the letter of intent to buy a house, it is necessary to pay attention to whether the agreement adopts the "deposit" method or the "deposit" method, and whether there is "other agreement".

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.

Measures for the Administration of the Sales of Commodity Housing》 Article 22 If the conditions for the sale of commercial housing are not met, the real estate development enterprise shall not sell the commercial housing and shall not charge the buyer any reservation fees. If the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the reservation fee from the buyer before entering into the contract for the sale and purchase of the commercial house, the fee charged shall be offset against the price of the house price when the contract for the sale and purchase of the commodity house is concluded, and if the party fails to enter into a contract for the sale and purchase of the commercial house, the real estate development enterprise shall return the fee charged to the buyer; Where there is another agreement between the parties, follow the agreement.

Legal analysis: 1. To confirm the validity of the purchase contract, if the contract is invalid, the deposit should be returned in full.

2. It is necessary to confirm whether there is any fraud, major misunderstanding, etc., and if so, the deposit should be returned in full.

3. If only the deposit agreement is signed, before the formal housing sales contract is signed as agreed in the deposit agreement, if the sales contract is not established because the specific terms of the sales contract between the buyer and the seller are not consistent, each party shall not be liable for breach of contract, and the deposit shall be returned in full.

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, 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.

Buying a house depends on timing, so most buyers will make a decision right away, then sign a purchase agreement and pay a deposit. The deposit has legal effect, and if you don't buy a house after payment, it is not easy to return the deposit, so can the deposit in the purchase agreement be refunded? Let's learn together.

Before signing the Commercial Housing Sales Contract, the developer and the buyer will accept a certain amount of deposit from the buyer through subscription, ordering, reservation, etc. Therefore, the buyer and the developer will sign the "Housing Subscription Agreement" first, and charge no more than 20% of the deposit, under normal circumstances, the deposit will not be refunded, but the buyer can return the deposit in the following ways:

1. Investigate whether the developer has obtained the "Commercial Housing Pre-sale License".

1) If the developer of the project has not obtained the "Commercial Collapse Trembling Housing Pre-sale License", then the developer has no legal right to ** this real estate project, at this time the buyer can negotiate with the developer on the refund of the deposit, if they can't negotiate with each other, they can complain and report.

2) Although the developer has not obtained the "Commercial Housing Pre-sale License", the "Housing Subscription Agreement" signed by the developer and the buyer is a legal and valid contract. At this time, it is necessary to further look at the content of the agreement and check whether it is stipulated in the agreement that the buyer should go to the developer to sign the formal "Commercial Housing Sales Contract" within how many days of signing the subscription letter. If the developer does not obtain the Commercial Housing Pre-sale Permit before the parties agree to sign the formal Commercial Housing Sales Contract, then it is still considered a breach of contract by the developer, so the buyer can request the developer to return the deposit according to this, and the developer has no right to refuse to refund the deposit.

2. Review whether there are unfair and unreasonable terms in the subscription letter.

If there are unfair and unreasonable terms, then the buyer can agree with the developer to change the relevant provisions in the contract, if the buyer and the developer cannot negotiate with each other, then the developer can also ask the developer to return the deposit because it cannot be attributed to the buyer's responsibility.

The deposit of the purchase agreement can be refunded, but it needs to meet certain conditions, and the process of returning is very complicated, the above is the general introduction of the deposit of the purchase agreement can be refunded, you can learn about it if you want to buy a house and pay the deposit, I hope it will help you.

The deposit for the purchase purchase agreement is refundable. In a commercial housing transaction, after the buyer performs the contract, the deposit shall be taken as the price or recovered; If the buyer fails to perform the contract, it has no right to demand the return of the deposit; If the developer fails to perform the contract, the deposit shall be returned double. The deposit shall be agreed in writing and shall not exceed 20% of the standard amount of the main contract.

Once the parties have reached a written agreement on the deposit and actually paid the deposit, there will be corresponding legal consequences.

Legal analysis

The agreement is a written material signed by two or more parties to the cooperation in social life after reaching an agreement through mutual consultation in order to protect their respective legitimate rights and interests. An agreement is a type of contractual instrument. It is a legally effective documented application document signed by two or more parties after reaching an agreement through negotiation in order to resolve or prevent disputes, or to establish a certain legal relationship, and to realize certain common interests and wishes.

The purpose of entering into an agreement is to better fix the responsibilities agreed upon by both parties from the institutional and even legal perspectives. As a binding evidentiary document that can clarify each other's rights and obligations, the agreement has a binding effect on both parties (or parties), and it can supervise both parties to keep their promises and restrain rash remorse, and its role is basically the same as that of a contract. Oral agreements are invalid, and written agreements come in three forms, namely terms in the contract, independent agreements, and other written forms such as letters, telegrams, faxes, and e-mails.

Therefore, signing a real estate division agreement is equivalent to entering into a contract and has legal effect.

Legal basis

Civil Code of the People's Republic of China Article 143: Civil juristic acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.