How to request a refund of the deposit from the sales office

It depends on what reason you have, if you regret it because you bought it, lack of funds, and poor credit reporting for these reasons, it is unlikely that you will return it. If you can preemptively catch a lot of the developer's faults through the real estate rights protection station VX Gongzhonghao, like my friend, you can force them to return the deposit.

1. Whether the deposit in the sales office can be refunded depends on the situation

1) If the party receiving the deposit defaults, the deposit can be refunded, and if the party receiving the deposit fails to perform the debt, or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned double;

2) If the paying party fails to perform the debt and the purpose of the contract cannot be realized, it has no right to request the return of the deposit.

2. Legal basis: 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.

2. How to bear the liability when the liquidated damages and the deposit are competing.

The liability for liquidated damages and deposits in competition shall be determined on a case-by-case basis

1. If the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may request compensation for losses exceeding the amount of the deposit;

2. The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, 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 people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Hello, the tips for returning the deposit to the sales office are: 1. Applying for a refund of the deposit by postponing the delivery of the house means that after the developer and the buyer have made an appointment with the delivery date of the joint construction of the house, the house has not been built and has not reached the occupancy specifications. Generally, the agreed period of postponement of the delivery of the house to be able to check out is 30 days to 90 days, if the developer can not deliver the house beyond this period, the buyer of the smart oak can ask the developer to check out, and ask for double return of the deposit or pay interest on the house.

2. The developer lacks valid certificates and approvals, resulting in the invalidity of the contract. According to the relevant national regulations, if the developer's documents are incomplete, it will be classified as an illegal operation, and the sales contract signed with the buyer will be invalid, so the developer should return the house payment paid by the buyer. 3. The developer changed the design without the consent of the buyer.

In the contract signed between the buyer and the developer, it is generally agreed 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. 4. I can't get the property right certificate.

Because the developer, the buyer cannot obtain the title deed within the time limit specified in the contract. If there is a clause in the contract that allows the buyer to move out in such cases, the buyer can claim a refund of the deposit. Thank you for your inquiry, I'm glad to answer for you, I hope it can help you, I wish you:

Have a happy life, work smoothly, be safe and healthy!

Go to the sales office to refund the deposit skills:

1. Negotiate amicably with the developer, talk about your difficulties, and the developer can refund the deposit after agreeing.

2. Find out whether the developer has violations, collect corresponding evidence to facilitate the argument when the time comes, and elaborate on the other party's problems and violations when talking with the developer.

3. Check the developer's valid certificates and approvals, and if the developer lacks valid certificates and approvals, the purchase contract will be invalid. According to the relevant provisions of the state, the developer's incomplete documents are illegal operations, and the housing sales contract signed with the buyer is invalid.

Precautions for buying a house and paying a deposit:

1. Be careful with the deposit contract:

When buying a house, many buyers can't tell the difference between the deposit and the deposit, and when they hand over the deposit, they sign a deposit contract. 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 guarantee your rights and interests.

2. Pay as much deposit as possible

Housing prices change very much, so in the face of constantly high prices, there are more and more cases of sellers defaulting. Generally, when the seller defaults, the buyer needs to be compensated for double the deposit.

3. There are specifications for the refund of deposits

For home buyers, it is easy to pay a deposit, but it is difficult to get a refund. Therefore, when signing the deposit contract, it is necessary to show the norms for returning the deposit, for example, when the deposit is handed over within a week, the buyer regrets it, then the seller will return the deposit.

According to the relevant regulations of the state, it is illegal for the developer to have incomplete documents, and the sales contract signed with the buyer is invalid.

So the developer needs to return the buyer's deposit.

It is recommended to choose the check-out information consultation platform, which specializes in accepting real estate deposit dispute cases, and can be accepted door-to-door all over the country. Click here to inquire about how to refund the deposit for the purchase of a house.

The withdrawal skills of going to the sales department are as follows:

1. Check the developer's valid certificates and approvals

If the developer lacks a valid certificate and approval, the purchase contract.

will be invalid. According to the relevant regulations of the state, the developer's incomplete documents are illegal operations, and the house sales contract signed with the buyer.

It is an invalid contract. Therefore, the developer should immediately refund the deposit paid by the buyer.

2. Delayed delivery:

Late delivery means that after the delivery date agreed in the contract between the developer and the buyer, the house has not been built and does not meet the occupancy criteria. If the developer is unable to deliver the house after a delay of more than 90 days, the buyer can ask the developer to return the price and demand a double return of the deposit or interest on the house price.

3. The developer changes the design without the consent of the buyer

It is advisable to check the structural design of the specific house.

If the developer changes the design without the buyer's consent, it is a breach of contract. In this way, the buyer is entitled to a refund of the deposit.

If you want to know more about the withdrawal skills, it is recommended to consult the check-out information consultation platform, the professional cancellation team of the check-out information consultation platform, more than 1,000 customers consult various problems related to the purchase deposit every month, such as insufficient funds, poor environment, insufficient flow, family disagreement, unsatisfactory floor room type, unable to take out a loan, or deceived and induced and other difficult diseases, can provide professional knowledge answers. The retirement team continues to learn from experience and provide professional knowledge and free consultation for our customers who need to solve the deposit for the purchase of a house. Let the customer receive professional consultation at the first time, and avoid the customer from suffering a second injury.

If the buyer pays the deposit and does not fulfill the obligations and debts agreed in the contract, such as not wanting to buy the house halfway, the deposit is non-refundable.

If the buyer pays the deposit, and the party to the acquisition deposit does not fulfill the agreement, resulting in the failure to conclude the contract of commercial housing, then the party with the purchase deposit should return the deposit to the buyer.

1. Can I check out if I sign a down payment contract to buy a house?

You can check out after signing the purchase contract and paying the down payment, but the down payment is non-refundable. Because the deposit is punitive, if the buyer causes the buyer to move out, then it is the default of the purchase first, and the buyer must be punished, and the deposit cannot be returned. If the purchase contract has been signed and the down payment has been paid, the purchase contract will be terminated when you check out, and it needs to be handled in accordance with the contract.

If there is no agreement in the contract, the seller has the right to demand the performance of the contract, and if the buyer refuses to perform the contract, he or she needs to pay liquidated damages or compensate the seller for the losses as agreed in the contract.

2. Can the deposit of the house subscription be refunded?

According to the current legal provisions, the deposit for the purchase of the house agreed in the purchase letter is protected by law. In other words, if the purchase contract cannot be signed due to the buyer's reasons, then the developer does not need to refund the deposit.

Therefore, it is not necessary for the buyer to buy the house after signing the purchase letter, but if the buyer does not buy the house, then the purchase deposit will not be refunded.

3. Can I get a refund after paying the deposit for buying a house and I don't want to buy it?

After paying the deposit for the purchase of the house, the deposit cannot be refunded if the buyer does not want to buy it due to his own reasons.

Only due to reasons not attributable to both parties, resulting in the commercial housing sales contract cannot be concluded; or if the purchase contract cannot be continued due to the seller's reasons, the buyer can request a refund of the deposit.

Because if the buyer does not want to buy a house and terminate the contract due to personal reasons, it is a breach of contract, since it is a breach of contract, it will bear the liability for breach of contract, and the deposit penalty will be applied if the liability for breach of contract is borne, so the deposit will not be refunded.

The Civil Code of the People's Republic of China

Article 586:The parties may agree that one party shall pay a deposit to the other party as security for the obligatory 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 paid is more than or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.