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According to the law, the deposit is also called the advance payment, and the seller should refund the deposit when the buyer does not want to buy. The deposit is a monetary guarantee at the time of purchase, and the seller cannot refund the deposit when the buyer is unable to purchase due to personal reasons. Therefore, at the legal level, you do not have any advantage, and you are not a reasonable party, and if the other party calls the police, you may constitute picking quarrels and provoking trouble.
These terms should be introduced in the contract when you buy, and you should communicate and negotiate with the seller rationally.
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It's useless, you need to negotiate, if not, conduct legal advice, ask if you can refund the deposit, if you can, the other party still doesn't refund, you should pick up the law ** to defend your rights, jumping off the building, this action is not very good, in case of accidents, the loss will be big, don't lose big because of small!
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Well, in my impression, the deposit cannot be refunded after it has been paid, if you want to return it. You can negotiate with that person, but it's better not to jump off the building, after all, you only have one life, and you can earn it if the deposit is gone. Even if you jump off a building, the law shouldn't convict that person.
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Did you sign a contract? Is it stated in the contract that the deposit will not be refunded if you do not buy a house? Is there a receipt or invoice for the deposit? Trouble is just an extreme solution, communicate with the developer first, find **** if it doesn't work, find a lawyer if it doesn't work, don't jump off the building, and waste money and money.
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It's useless, the strong are honored unless you can kill their boss with a missile.
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If you really can't think of it, it's useless to make trouble jumping off the building, and you don't want to be persuaded to make trouble
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The amount is large, and if it is large, it is not recommended to go through legal channels.
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Suggestion: 1. Collect evidence first.
2 Find a lawyer.
3. Sue the developer.
The main point is that it is best to sue collectively, and then find some **columns** to cause social response.
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Stay safe and be careful that the fake is actually done. Distinguish responsibilities, if it is the other party's legal route.
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It is better not to take the extreme route and protect your rights and interests through legal means.
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The deposit is non-refundable and the deposit can only be refunded.
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Go to the sales department and can't returnDeposit。When it comes to buying a home, many buyers can't tell the differenceDepositThe difference with the deposit is that when the deposit is paid, the deposit contract is signed. You should know that the deposit is not protected by law, and it is difficult to obtain compensation once the seller breaches the contract, and only the deposit contract can protect your rights and interests.
For home buyers, it is easy to pay a deposit, but it is difficult to get a refund. Therefore, when signing the deposit contract, the standard of returning the deposit must be reflected, for example, when the buyer regrets it within a week of paying the deposit, then the seller will return the deposit.
Tips for refunding deposits
Applying for a refund of the deposit by delaying the delivery of the house means that the house has not been built and has not met the occupancy standard after the delivery date agreed in the contract between the developer and the buyer. Usually the agreed period of delay in delivery of the house can be moved out of the range of 30 days to 90 days, if the developer is not able to deliver the house beyond this period, the buyer can ask the developer to move out and ask for double return of the deposit or payment of interest.
The developer's lack of valid documents and approvals resulted in the invalidity of the contract. According to the relevant national regulations, if the developer's documents are incomplete, it is an illegal operation, and the sales contract signed with the buyer is an invalid contract.
Therefore, the developer should return the payment made by the buyer. The developer changed the design without the consent of the buyer.
In the contract signed between the buyer and the developer, it is generally stipulated that the developer must obtain the consent of the buyer before changing the design. Otherwise, the developer is in breach of contract and the buyer has the right to move out.
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No, it's usually a deposit for your own reasons.
It's non-refundable, but if you want to return, you can only complain.
The most common case is that the consumer regrets the car and asks for a refund of the deposit. If the consumer cancels the car for no reason, generally, the dealer will choose to return the car without refund. As a result, many consumers are thinking about how to go to 4S stores.
It's not illegal to make trouble.
The People's Republic of China is a society governed by the rule of law, and contradictions and disputes should be resolved by legal means, not the so-called trouble. The best way to refund the deposit is not to make trouble, but to deal with the problem in accordance with the relevant provisions of the booking contract.
If there is a dispute or contradiction between the two parties to the contract, it will be resolved in accordance with the provisions of the contract. According to the relevant provisions, after the contract comes into effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. In the matter of paying a deposit for the purchase of a car, the market trading habit is that the deposit cannot be refunded, and the deposit.
Yes, it can be refunded. 1. If your relatives and friends have internal relationships with the developer, or are the leaders of the regulatory authorities, let them say hello to the developer and help negotiate, and there is still a good hope for the return. But there are a lot of agencies on the Internet that claim to be looking for a relationship to help refund the deposit, basically they are fooling people, just imagine that so many developers and so many projects across the country can find a relationship to refund, how much does it have to do?
With such a big and so many relationships, why bother doing this business of tens of thousands of dollars.
Second, some people think that it is possible to add supplementary clauses or modify clauses during the signing of the contract, but the developer will generally refuse to add any clauses to the formal record contract, and then ask for a refund on the grounds that the contract negotiation cannot reach an agreement. However, if you carefully read the "Subscription Agreement" signed at the time of deposit, you will find that there is a similar clause on it: "Party B has fully understood and agreed to Party A when signing this subscription agreement.
The contents, terms and options of the "Commercial Housing Sales Contract" and "Preliminary Property Service Agreement" will not be separately requested to change the above documents", so as long as you sign the subscription form, it proves that you accept all the terms on the subscription letter, and you will not ask for a refund on the grounds that the contract negotiation cannot be agreed.
3. The most effective way for most people to withdraw is to identify the problems in the sales process of the developer's sales office, collect evidence of relevant problems, and then negotiate for a refund. Of course, it may be difficult for ordinary people to grasp the accurate problem points, because the problems are not only the situation of no pre-sale certificate and ** restricted sales, but also the "Measures for the Management of Commercial Housing Sales".
Regulations on the Publication of Real Estate Advertisements", ** Law.
As well as some policies and regulations issued by the state and local ** are the basis for us to find the problem point, if you don't know anything about these or don't know how to start, it is recommended to seek help from professionals and institutions, in order to achieve twice the result with half the effort.
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The best way to refund the deposit is not to make trouble, which may not necessarily make things worse.
What are the ways to refund the deposit?
1. Negotiate a refund with the seller;
If the buyer does not sign the contract with the developer or the parties do not agree on the terms of the contract, most of the developer's deposit is non-refundable. This kind of agreement on the deposit or deposit is extremely unfavorable to the buyer, putting the buyer in a situation of being subject to others at the time of signing the contract, and the buyer often accepts the unequal terms of the developer against his will under the pressure of not returning the deposit, and his true intention cannot be reflected in the contract, which violates the principle of fairness and justice of the contract.
2. If the negotiation fails, arbitration can be initiated;
Through the above analysis, we know that there are certain conditions for the refund of the deposit, that is, it can be refunded due to the agreement on the terms of the contract, 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. The buyer can prove this by the records of the modifications made by both parties during the negotiation of the contract conditions, or by the recording of the conversations between the parties, and file an arbitration with an arbitration institution. Some buyers do not want the house themselves, which is a breach of contract, but they also achieve the purpose of refunding the deposit by adding a supplementary agreement.
3. File a lawsuit with the court.
For projects without a sales license or property right certificate, such as internal subscription, the deposit can be refunded under any circumstances because it does not have the sales conditions, and there is no need to do a lot of evidence collection work, and it is enough to sue directly.
The buyer is entitled to a refund of the deposit in the following three cases:
First, the seller does not have a sales license or property right certificate, resulting in the inability to conclude the purchase contract;
second, the seller will resell the subscribed house to others;
The third is that the terms of the contract cannot reach an agreement, such as the seller's vague expression of the housing information, the main terms of the contract cannot be determined, or the seller's modification of the conditions in the subscription letter, such as the area of the house, **, etc.
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Yes, in many cases, the deposit is not refundable, especially if there is a deposit agreement in advance, even if the probability of success in litigation or other ways is not 100%, many businesses are more important to the arrangement, once it is not good-looking, it will be seen by other guests, more or less its image will be greatly reduced, so it is also a way to want to refund the deposit.
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Generally, the deposit is non-refundable for your own reasons, but if you want to return it, you can only complain.
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Generally, the deposit cannot be refunded, because there is a legal effect, if the macro scum wants to retreat quickly and quietly, you really just go to their store to make trouble, come to a customer to say one, so they will definitely give you a refund.
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If you sign a contract, you can't get it back. And the deposit is not refundable in the first place.
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The deposit is non-refundable and the deposit is refundable.
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Depending on the circumstances, there is no legal process.
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The deposit for buying a house is non-refundable, as follows:
1. The buyer and the seller can negotiate and settle the settlement on the return of the deposit;
2. Seek mediation from the mediation committee to resolve the matter;
3. Call 12315 to report;
4. Filing a lawsuit with the court.
The difference between a deposit and a deposit for buying a house is as follows:
1. The concept is different
The deposit is paid before the contract is signed, and a certain amount is paid in advance to ensure that the transaction goes smoothly. However, the deposit is only a habitual term in our daily life, which is only in the nature of advance payment, and does not have the function of guaranteeing the signing and performance of the contract.
2. The legal meaning is different:
The parties to the deposit may agree that one party shall pay the deposit to the other party as security for the creditor's rights. After the debtor performs its obligations, the deposit shall be used to offset the price or to recover it. The legal significance of the depositAccording to the laws of our country, the deposit is actually regarded as a form of advance payment, and has no substantive legal significance.
3. The amount limit is different:
According to the relevant laws and interpretations of China, the amount of the deposit agreed by the parties shall not exceed 20% of the amount of the subject matter of the main contract. The deposit is different, the deposit is not subject to legal restrictions, the specific amount of payment can be negotiated by the two parties, more can be paid, less is no problem.
Legal basisArticle 3 of the Civil Procedure Law of the People's Republic of China.
The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships. Article 93:People's courts hearing civil cases are to distinguish right from wrong and conduct mediation on the basis of the principle of the parties' voluntariness and on the basis of clear facts.
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Yes, the deposit is non-refundable! There is a difference between a deposit and a deposit, and the deposit is refundable.
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Generally, when the deposit is paid, both parties sign a deposit agreement, and the deposit agreement takes effect from the date of actual payment of the deposit. After the debtor performs the debt, the deposit shall be dissipated 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.
It can be concluded from this that if the buyer does not want to buy the house for his own reasons, the buyer will be blamed, and the purchase deposit is non-refundable, and it will be handled in accordance with the provisions of the law on the deposit, that is, the buyer will give up the purchase of the house for his own reasons, and the buyer will not have the right to demand the return of the deposit if he does not fulfill the agreed obligations.
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The deposit is what you don't want, and it won't be refunded to you, and the other party won't sell it to you, and you will be compensated double the deposit. This word, you don't want the deposit, the other party doesn't sell you, you can return it, and the other party doesn't need to compensate you.
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Yes, because you have a certain deposit for this. If you have not executed the contract, you will certainly not be able to return it. In addition, you can also find Lu Bei's house buyer to give him the deposit at a low price**.
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The deposit paid to buy a house is refundable, but there are conditions:
1. The following situations cannot be returned: the deposit will not be refunded if the purchase contract cannot be properly performed due to the reasons of the purchase contract.
2. The following conditions can be returned:
1. The developer does not have a sales license or property right certificate, and is not qualified to sell commercial housing, resulting in the purchase contract cannot be reached.
2. The developer has fraudulent behavior, such as reselling the house to others.
3. If you do not agree with the terms of the contract. If the seller is vague about the housing information, the main provisions of this contract cannot be determined, or the seller's subscription letter, such as the area of the house, **, etc.
4. The seller and the buyer are not at fault, but the contract for the sale of commercial housing has not yet been concluded. If due to the third reason or natural disaster, the commercial housing project cannot be established according to the original agreement or fails to follow the original agreement.
What to pay attention to when paying a deposit.
1. The deposit cannot exceed 20% of the room price.
2. If you are buying an off-plan house, the developer should show you the pre-sale license, and if you are buying an existing house, the developer should show you the large property certificate, residential use certificate and commercial housing quality assurance certificate.
3. Your house payment is paid directly to the developer, if you feel that you want to leave traces to pave the way for future disputes, ask the developer for a bank account, directly transfer it to the developer's account, keep the stub yourself, and indicate who bought which house in the remarks.
4. According to the current policy, only people who do not have a People's Republic of China ID card (including military officer certificates) must be notarized, such as passports, home return permits, and mainland travel permits.
5. The house payment is generally paid to the developer before the delivery of the house, and the developer will generally hand over the house to you only after receiving the full purchase price and having the corresponding procedures.
The above is about whether the deposit paid for buying a house can be refunded and what needs to be paid attention to when paying a deposit. When paying the deposit, the buyer cannot blindly make a choice, and sometimes, if the buyer does not want to buy the house because of personal reasons, the deposit is not refundable. I hope the above can be helpful to everyone.
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