Under what circumstances can the deposit be refunded, and if the deposit can be refunded, then in wh

1. If the buyer asks to move out because of the unagreed terms of the contract, the developer and seller will generally refund the deposit directly to the buyer. If the developer and seller do not return, the buyer can file a complaint with the Housing and Urban-Rural Development Commission.

2. The new house developer is not complete with "five certificates" when selling the house, which is an illegal act in itself, in this case, the buyer can directly propose to the developer to terminate the contract and ask for the deposit back.

3. If there is an agreement on the conditions for the refund of the deposit in the subscription letter or purchase contract, as long as the situation meets the terms of the refund of the deposit, the developer can refund the deposit according to the subscription letter or the purchase contract.

There is no loss in surrendering during the hesitation period, and it is very inappropriate to surrender the policy the rest of the time, only the cash value can be refunded, and it is recommended not to surrender the policy.

I believe we all know that when buying a house, you generally need to pay a deposit, because the purchase of a house involves more transaction funds, so the deposit paid will be relatively more enviable, if the deposit is relatively small, there will generally be no problem, some buyers are worried that their selected house will be robbed, they will pay the deposit, so how to return the deposit to buy a house, under which circumstances can the deposit be refunded?

1. How to refund the deposit for buying a house.

The deposit is returned with the condition that the contract can be retired due to the failure to reach a consensus. For items such as in-house subscriptions that do not have a sales license or title certificate, the deposit can be refunded in any case as there are no conditions of sale. Doing a lot of forensic work, you can sue directly.

In addition, the contract must be signed within the period specified in the subscription. This must be proven in order for the deposit to be refunded.

The purchaser can prove this by recording the modifications made by both parties during the negotiation of the contract conditions, or by recording the conversation between the parties. There are buyers who do not want the house themselves, which is a breach of contract, but also serves the purpose of returning the deposit by adding a supplementary agreement.

2. Under what circumstances can the deposit be refunded?

So far, the laws related to deposits are as follows: Contract Law, Guarantee Law, Judicial Interpretation of Guarantee Law, Judicial Interpretation of Disputes over Contracts for the Sale and Purchase of Commercial Housing, and other laws. If the party paying the deposit fails to perform the relevant obligations or debts in accordance with the contract, it shall not have the 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.

1. The developer does not have a sales license or property right certificate, and does not have the qualifications for the sale of commercial housing, resulting in the inability to conclude the purchase contract.

2. The developer has committed fraud, such as reselling the subscribed house to others.

3. There is no agreement on the terms of the contract. If the seller's statement of the housing information is vague, the main terms of the contract cannot be determined, or the seller modifies the conditions in the subscription letter, such as the area of the house, **, etc.

4. Neither the buyer nor the seller is at fault, but the contract for the sale and purchase of commercial housing has still not been concluded. If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. If due to the reasons of a third party or natural disasters, the commercial housing project fails to be constructed or fails to construct the project as originally agreed.

Generally, the deposit will be refunded if the purpose of the contract cannot be achieved due to the party receiving the deposit due to its own reasons. In the above case, the deposit shall be doubled and the return mode source shall be returned. According to Article 587 of the Civil Code, which came into effect on January 1, 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 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, it has no 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 express agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned in double.

Article 586 of the Civil Code: 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.

The deposit is refundable under the following conditions:

1. The debtor has fully fulfilled the debt, and the deposit shall be offset against the price or recovered;

2. If the party receiving the deposit breaches the contract, it shall return double the fixed inspection fee;

3. If the contract cannot be performed due to reasons not attributable to both parties, the party receiving the deposit shall return the deposit.

4. The two parties reach an agreement through negotiation, and the party receiving the deposit agrees to return the deposit.

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 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, it has no 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.

What should I do if the deposit is not refunded?

How to deal with the non-refundable deposit:

1. Negotiation between the two parties. The two parties to the contract can negotiate amicably on the issue of deposit refund, and the biggest advantage of negotiation is that it is convenient, fast and conducive to implementation.

2. Litigation resolution. If the two parties fail to reach an agreement, they can file a lawsuit with the court on the issue of the deposit. The court made a judgment on the issue of the contract deposit based on the facts of the case and the evidence provided by both parties.

Analysis of the law chain: the deposit can be refunded under the following conditions:

1. The debtor has fully fulfilled the debt, and the deposit shall be offset against the price or recovered;

2. If the party receiving the deposit breaches the contract, the deposit shall be returned twice;

3. If the contract cannot be performed due to reasons not attributable to both parties, the party receiving the deposit shall return the deposit.

4. The two parties reach an agreement through negotiation, and the party receiving the deposit agrees to return the deposit.

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 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, it has no 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 double.