Is it a deposit and not a deposit, can it be returned

It can be returned, but it needs to be negotiated. There is still a big difference between a deposit and a deposit: "deposit" refers to the payment of a certain amount of money by the buyer to the seller in advance to ensure the performance of the contract.

If the contract is a "deposit", according to the relevant provisions of the Contract Law, when one party breaches the contract, the two parties shall agree to execute it according to the agreement; If there is no agreement, when the seller breaches the contract, the "deposit" will be refunded twice; In the event of a breach of contract by the buyer, the "deposit" will not be returned. The total amount of the "deposit" shall not exceed 20% of the subject matter of the contract. As for the "deposit", there is no clear provision in the law at present, and it can generally be regarded as "advance payment".

The effect of the "deposit" depends on the agreement of the parties. If there is no agreement between the parties, the nature of the "deposit" is mainly an advance payment, and the seller shall refund it unconditionally when it breaches the contract; When the buyer defaults, it can negotiate with the seller to settle the problem and ask the other party for a refund. If the parties agree otherwise, the agreement shall be followed.

The difference between the deposit and the deposit is mainly manifested in: 1. The agreement to pay the deposit is from the contract, and if the deposit should be paid according to the agreement but is not delivered, it does not constitute a breach of the main contract; The agreement to pay the deposit is part of the main contract, and if the deposit should be paid according to the agreement but is not paid, it constitutes a breach of the main contract. 2. In the event that one of the parties to the delivery and receipt of the deposit fails to perform its contractual obligations, the loss or double return of the advance payment shall not occur, and the deposit shall only be used as damages.

3. There are certain legal restrictions on the amount of the deposit, for example, the Guarantee Law stipulates that the amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract; The amount of the deposit is freely agreed between the parties, and the law generally does not restrict it. 4. The deposit is of a guarantee nature, and the deposit is only a unilateral act and does not have the nature of a guarantee.

If the entity does not exist, that is, the building has not yet been built, and you have confirmed that you want it, your "deposit" is a fixed quota, if the entity appears (that is, after the house is completed) and the previous developer promised that there is a discrepancy, the "deposit" will be returned to you again; If there is no difference from the previous promise, but you don't want it, then the "deposit" becomes part of the price of the house, and you have no right to ask for its return, and the "deposit" has no legal effect, you must read it clearly

1. Deposits and deposits can be refunded.

1. The deposit can be refunded, but the deposit cannot be refunded. Only the deposit is stipulated by law, and the deposit is often based on the agreement and custom of both parties. The fixed metal is a kind of guarantee, which is a bilateral act and is binding on both parties.

Either party is required to pay a deposit for non-performance of the debt.

2. Legal basis: Article 587 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. 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.

2. What is the difference between a deposit and a deposit?

There are three main differences between a deposit and a deposit:

1. The deposit contract is a subordinate contract of the main contract, and the deposit contract is not established or takes effect, which does not affect the validity of the main contract. The deposit contract is a part of the main contract, and if the deposit should be paid according to the agreement but is not delivered, the main contract shall not be established;

2. If the party who pays 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. If the party who pays or accepts the deposit fails to perform the contractual obligations, the consequences of losing or returning the deposit twice shall not occur, and the deposit can only be used as damages;

3. The deposit is of a guarantee nature, and the deposit is only a unilateral act and is not guaranteed. Other such as liens, guarantees, security deposits, contract fees, and deposits do not have the legal consequences of a deposit if the nature of the deposit is not agreed.

Legal analysis: Under normal circumstances, the deposit is refundable, the deposit is non-refundable, and the deposit is certain, which is different from the deposit. The deposit paid is equivalent to an advance payment, which acts as payment for the goods when the transaction is successful, and is returned in full if the transaction fails.

Specifically, it depends on the agreement between the two parties, and if there is an agreement, it will be handled according to the agreement.

Legal basis: 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 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.

Article 587: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.

Legal analysis: the deposit can be refunded, the deposit can not be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contractual obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double.

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 in double.