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This depends on the original payment of the money, the receipt issued to you indicates whether it is a "deposit" or a "deposit", if it is a "deposit", it can be refunded, but if it is a "deposit", it is difficult to return, unless it is negotiated with an intermediary.
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If you buy a house with an agent and pay a deposit of 10,000 yuan without signing any contract, if the receipt issued to you by the agent clearly states that it is a deposit, it cannot be refunded.
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If the other party does not agree, they will not be able to return it. Under normal circumstances, the deposit is non-refundable, and it has nothing to do with whether to sign the contract or not, you buy a house in the intermediary, pay a deposit of 10,000 yuan, there should be an agreement, if the other party repents, you also need to pay 10,000 yuan.
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When buying a house and looking for an agent, you must make a good document. The deposit is paid, which means that you must settle down to buy, and you can negotiate a solution if you want to refund. If the deposit is a reservation, you can regret it and ask for it back.
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First of all, it is clear that it is the deposit, if it is a deposit, it is completely refundable, if it is a deposit, it can also be refunded, but a certain handling fee will be deducted.
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It is impossible to return it to you, this is a breach of contract.
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This involves the issue of forensics, if you give the cash without a transfer record and confiscate the receipt, then it is very troublesome, he said that you can't prove the confiscation, and then the second thing is to associate the money with the intermediary service.
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If you don't want to buy the deposit, you can't get it back. The law stipulates that if the party who pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit.
The buyer does not want to buy it, which is a situation where the party who paid the deposit does not perform the agreed debt, so the deposit is not refundable.
Therefore, the deposit paid for the purchase of the house can not be refunded unless the contract cannot be performed due to the seller's reasons, the seller does not perform the contract, or the contract cannot be performed due to force majeure, and it cannot be refunded in other circumstances.
1. How to deal with the non-refundable deposit for the purchase of the house.
The deposit for the purchase of the house is paid to the seller as security for the purchase and purchase contract, and the buyer is not entitled to a refund of the deposit if the contract cannot be signed due to the buyer's reasons. If the contract cannot be signed due to the seller's reasons, the seller shall return double the deposit.
According to Article 587 of the Civil Code of the People's Republic of China implemented in 2021, 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 contract, the deposit shall be returned twice.
2. Is there no contract in the Civil Code that can refund the deposit?
Under normal circumstances, the deposit cannot be refunded, but if the seller defaults, the deposit can be returned, that is, the deposit will be returned twice. According to the law, 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 contract, the deposit shall be returned twice.
Article 586 of the Civil Code provides that 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.
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The deposit cannot be refunded.
Article 89 of the Security Law provides that the parties may agree that one party shall pay a deposit to the other party as security for the debt. 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, the deposit shall be returned in double.
Article 115 of the Contract Law stipulates that the parties may, in accordance with the Security Law of the People's Republic of China, 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.
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Summary. Hello! We're happy to answer for you!
If the contract is not signed, if the payment receipt indicates that it is a deposit, the buyer regrets it, and cannot ask for a refund, unless the two parties negotiate a refund. So it depends on the situation. It depends on the agreement between the two parties at the time of payment of the deposit, and it is generally refundable if it is not clearly stated.
It is also possible to negotiate between the two parties.
Hello! We're happy to answer for you! If the contract is not signed, if the payment receipt indicates that it is a deposit, the buyer regrets it and cannot ask for a refund, except for the rock brigade where the two parties negotiate to return.
So it depends on the specific situation of the grip. It depends on the agreement between the two parties when paying the deposit, and if there is no clear rough leather stool, it is generally refundable. It is also possible to negotiate between the two parties.
According to Article 90 of the Guarantee Law, the deposit shall be agreed in writing.
Therefore, according to your current situation, it is recommended to negotiate the return.
The intermediary issued a receipt at that time, writing a deposit, which cannot be refunded.
If it is the developer's reason, the deposit can be refunded 100%. However, if there is no fault on the part of the developer and the quality of the house, this is your unilateral reason, and the other party has a reason not to return.
In short, you try to negotiate your withdrawal, after all, legally speaking, you don't have the upper hand. Therefore, even if you lose a little benefit, you can still negotiate if you can.
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Summary. <>
<> agent bought the house, paid the deposit, did not sign the contract, did not want to buy it, can be refunded, but need to pay liquidated damages <><
If you don't want to buy a house after paying the deposit, it is a breach of contract, and the seller will not return the deposit. The deposit is a guarantee to ensure that the contract can continue to be performed, after paying the deposit, do not continue to perform the contract, according to the laws of our country, the seller does not continue to perform the contract, the need to return the deposit twice, the buyer does not perform the contract, the seller does not return the deposit.
The agent bought the house and paid the deposit but didn't sign the contract, can I return it if I don't want to buy it?
<> agent bought the house, paid the deposit, did not sign the contract, did not want to buy it, can be refunded, but need to pay liquidated damages <><
If you don't want to buy a house after paying the deposit, it is a breach of contract, and the seller will not return the deposit. The deposit is a guarantee to ensure that the contract can continue to be performed, after paying the deposit, Lu Boqiao does not continue to perform the contract, according to the laws of China's association, the seller does not continue to perform the contract, the need to return the deposit twice, the buyer does not perform the contract, the seller does not return the deposit.
<> legal basis: According to Article 587 of the Civil Code of the People's Republic of China, 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 dispersal of the contract, the deposit shall be returned twice.
If the intermediary facilitates the conclusion of the contract, the client shall pay the down payment remuneration in accordance with the agreement. Where there is no agreement on the remuneration of the intermediary or the agreement is not clear and cannot be determined, the intermediary's labor services are reasonably determined. Where the conclusion of a contract is facilitated by the intermediary providing intermediary services for the conclusion of the contract, the parties to the contract shall bear the intermediary's remuneration equally.
If the intermediary facilitates the conclusion of the contract, the intermediary shall bear the costs of the intermediary activities.
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Summary. Dear, glad to answer for you! <>
The agent bought the house and paid the deposit without signing the contract, and if you don't want to buy it, you can't return it. The parties who bought the house and paid a deposit, and they did not want to buy it without signing the contract, and they could not be refunded. If a contract has not been concluded, the contract is formed if one party has actually performed it and the other party has accepted it.
According to the law, if the party who has paid the deposit fails to perform its obligations or the performance of its obligations 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. It is recommended to negotiate with <>the other party in a timely manner
The agent bought the house and paid the deposit but didn't sign the contract, can I return it if I don't want to buy it?
Dear, glad to answer for you! <>
The agent bought the house and paid the deposit without signing the contract, and if you don't want to buy it, you can't return it. The parties who bought the house and paid a deposit, and they did not want to buy it without signing the contract, and they could not be refunded. If a contract has not been concluded, the contract is formed if one party has actually performed it and the other party has accepted it.
According to the law, if the party who has paid the deposit fails to perform its obligations or the performance of the obligations of the department does not conform to the agreement, resulting in the inability to realize the contract, it has no right to request the return of the deposit. It is recommended to negotiate with the other party in a timely manner to deal with the <>
Kiss, the expansion content is as follows [Big Red Flower Slim Mill] <>
Article 586 of the Civil Code of the People's Republic of China provides that 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 2<>0% of the amount of the subject matter of the main contract, and the amount exceeding the amount of the amount shall not produce the effect of the deposit
Can you show me if this law is in effect?
Kiss, ** received <>
Kissing, having signed and pressed the handprint is a legally binding <>
Oooh. It was opened by an intermediary, and it is effective without an official seal.
Kiss, this is the <> that comes into effect
You just can't return it, right?
Kiss, yes is a <> that cannot be returned
Hello, the general shopkeeper is very trustworthy, because I am also a shopkeeper and can complain.
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Yes, you only need one household register.
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I haven't heard of this, I don't know which city you're in.