Can the deposit for the purchase of the purchase of the subscription letter be refunded?

After the buyer signs the house subscription letter, if the house purchase deposit is agreed in the house purchase letter, the purchase deposit after the subscription letter is signed is divided into four situations: 1. If the buyer does not sign the contract according to the time and place specified in the subscription letter, it is a breach of contract by the buyer, and the deposit will not be returned; If the seller fails to formally sign the contract by reselling the subscribed property to others within the time limit specified in the subscription letter, the seller is in breach of contract and shall return double the deposit. 2. If the two parties formally sign the contract within the specified time limit, the deposit can be deducted or recovered after the buyer performs the contract; In the course of the performance of the formal contract between the two parties, if one party breaches the contract, "no return" or "double return" shall apply.

3. If neither party has breached the breach of contract in the first paragraph above, and it is difficult to reach an agreement on the content of the pre-sale (sales) contract and supplementary agreement, and fails to sign the contract, the seller shall return the deposit to the buyer in full. 4. If one party modifies the conditions confirmed in the subscription letter, such as **, room number, area, etc., when the contract is not signed, it will be deemed to be in breach of contract, and the deposit will not be returned if the buyer breaches the contract; If the seller defaults, the deposit shall be doubled.

You basically can't get back in this situation!

But you can go talk to their sales manager! If you really can't do it, you can make trouble! Until the trouble retreats (of course, you have to find a reason to make trouble).

I'm the developer to give you this valuable advice! Nothing else!

Whether it can be refunded depends on the specific situation. 1. If the deposit contract has been signed and the contract has clear provisions, the contract shall prevail; 2. If there is no deposit contract, the deposit will not be refunded by default, but it is very important whether the subjective intention can be refunded, even if the contract is signed, as long as the other party agrees, it can be refunded; 3. According to the provisions of the contract section of the Civil Code, if the following circumstances occur, one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.

Legal basis: Article 586 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. 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 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 twice.

Article 588 of the Civil Code of the People's Republic of China: Where 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 claim compensation for losses in excess of the amount of the deposit.

Legal Distribution: 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 a person who has lost money to buy a house after signing a house purchase letter, but if he does not buy a house, then the purchase deposit will not be refunded.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 4 The seller subscribes and makes an order; If a buyer accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract, if the commercial housing sales contract cannot be concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; 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.

The deposit can be refunded after signing the housing purchase form, but the deposit can only be refunded if the following laws and regulations are met:

1. The subscription letter will be invalid and the deposit will be returned.

2. The subscription agreement is clear, and the deposit will not be returned.

3. If the two parties do not reach an agreement on additional matters, the deposit shall be returned.

4. If the developer raises the threshold for purchasing a house and forms a unilateral breach of contract, the deposit shall be doubled.

How to avoid getting stuck in a deposit.

1. Check the developer's information.

Buyers should learn about the developer's information from multiple aspects and channels before paying the deposit, at this time, you can check the developer's information online, or go directly to the construction site to check the actual situation, to see if there are workers to build, whether the construction period of the house is normal, whether it is within the control of reasonable progress, whether there is an express announcement, etc., if you find suspicious or opaque information, you should choose to suspend the purchase of the house, do not have a fluke mentality.

2. Confirm the nature of the property.

If the house cannot be traded, the deposit will be easily uncollectible, so be sure to confirm the nature of the property before paying the deposit. If you are buying an off-plan property, you will have to ask the developer to show the pre-sale permit, and if it is an existing house, you will have to ask the developer to show the title deed.

3. The agreement must be signed to pay the deposit.

When paying the deposit, you must sign a deposit agreement or purchase agreement with the developer, and you can't just promise it verbally, even if you pay the deposit. If there is no agreement, the deposit has no legal effect.

4. Distinguish between the deposit and the deposit.

The nature of a deposit is different from a deposit in law.

a. Deposit. A deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract. In the commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer does not fulfill the contract, he is not entitled to a return of the deposit; If the developer does not perform the agreement, the deposit shall be returned double.

b. Deposit. The deposit is not a normative legal concept, in fact it has the nature of an advance payment, but it does not have the nature of a guarantee. If the party receiving the deposit fails to fulfill the agreement, the party who paid the deposit can only claim a refund of the deposit and cannot claim a double refund.

Therefore, when signing the subscription letter, it is necessary to see clearly what kind of gold is written on the subscription letter, so as not to be unable to protect your own rights and interests.

5. Write the refund of the deposit into the agreement.

When buying a new house, whether the deposit can be refunded has become a concern for most buyers. If you can't guarantee that the transaction will go smoothly in the future, it is best to write the relevant terms of the refund of the deposit into the agreement when you sign the agreement. At that time, the problem will be solved in accordance with the provisions of the agreement to avoid unnecessary disputes.

Summary. Hello, it's a pleasure to answer for you! Can the deposit for the purchase of a house be refunded?

1. The deposit for the purchase of the purchase letter can be refunded. 2. The deposit can be refunded after signing the house purchase letter, but the deposit can only be refunded if the circumstances prescribed by law are met. According to the regulations, if the seller fails to formally sign the contract by reselling the subscribed house to others within the time limit specified in the subscription letter, it is a breach of contract by the seller, and the deposit shall be returned double.

In the event that the purchase agreement is invalid and the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall refund the deposit.

Hello, it's my pleasure to answer the trail front wide for you! Can the deposit for the purchase of the purchase order be refunded: 1. The side deposit for the purchase of the purchase subscription letter can be refunded.

2. The deposit can be refunded after signing the house subscription letter, but Ziliang can only refund the deposit if it meets the circumstances stipulated by law. According to the regulations, if the seller fails to formally sign the contract by reselling the subscribed house to others within the time limit specified in the subscription letter, it is a breach of contract by the seller, and the deposit shall be returned double. In the event that the purchase agreement is invalid and the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall refund the deposit.

1. The signing of the subscription letter is only gold, and it can be refunded. The details are as follows: (1) If the party who pays the deposit fulfills the obligations of the senior bank according to the banquet and training agreement, the deposit for the purchase of the house can be refunded or offset as the price; (2) or if the party receiving the deposit breaches the contract, the deposit can be refunded to the party twice.

2. Legal basis: 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 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 or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587:Where a debtor performs its debts, the deposit shall be withheld as offset 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.

The developer's method of not refunding the deposit is as follows: 1. The buyer can prove it by the records modified by both parties during the negotiation of contract conditions, or by the recording of the conversation between the two parties; 2. 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. In addition, for projects without a sales license or residual stove warrant such as the subscription of the internal vertical companion department, there is no need to do a lot of evidence collection work, and it is enough to sue directly.