What should I do if I don t want to buy a house after paying a deposit?

According to the relevant provisions of China's "General Principles of Civil Law" and "Guarantee Law", the difference between a deposit and a deposit is mainly manifested in four aspects:

1. The contract (agreement) for the payment of the deposit is from the contract, and if the deposit should be paid according to the agreement but is not paid, it does not constitute a breach of the main contract (agreement); The contract (agreement) for the payment of 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 (agreement).

2. When the party who delivers and receives the deposit fails to perform the contract debt, the loss or double return of the advance payment will not occur, and the deposit can 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 has the nature of guarantee, while the deposit is only a unilateral act and does not have an obvious guarantee nature.

It can be seen that although the difference between the deposit and the deposit is only one word, the legal consequences are different, and the deposit cannot produce all the four legal effects of the deposit, let alone the deposit penalty.

The deposit is not clear and irregular in law, and is generally regarded as an advance payment in trial practice, even if it is recognized as a performance guarantee, this guarantee is unilateral, and it only binds the payer, that is, the guarantee of the payer to the recipient. If the recipient breaches the contract, the original deposit can only be refunded, and no double refund will be obtained; If the payer breaches the contract, the recipient will use the deposit as compensation or liquidated damages for various reasons and will not be refunded.

The legal terms are listed in detail upstairs, in this case, from a legal point of view, the possibility of you wanting to return the money is very small, of course, you can try to communicate with the developer, even if the communication is good, you will have to pay the loss of compensation, it is very likely that you will not return a cent. Your deposit is too much, and it is very passive at this time, unless you give up 100,000, it is unlikely that you will have to return most of the money if you want to buy it.

It's better to buy a house, the money is in the hands of others, and they are the masters. No matter how you retreat, you will suffer, alas, pitiful.

Hehe. You don't know everything, do you?

What is a deposit???

It is equivalent to liquidated damages, and there is no difference.

It's not about how much you deduct, it's because people don't give you a point, and you can't do it, because it's your unilateral breach of contract!!

Legal analysis: If the buyer does not sign the contract with the developer or the two parties do not agree on the terms of the contract, most of the developer's deposit is non-refundable. If the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons 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.

Legal basis: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts provides that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude a commercial housing sales contract 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.

Legal analysis: a deposit, which has the nature of guaranteeing the performance of a contract. There are two situations in which the "hole-resistant deposit" works:

First, when the contract is performed normally, the deposit is used as the price. Second, when the contract cannot be performed normally, the deposit will be used as a penalty. If the payer defaults, then the payer has no right to recover the money.

If it is the recipient who breaches the contract, the recipient should return it double.

Legal basis: Civil Code

Article 586? 【Deposit Guarantee】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? 【Deposit Penalty】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.

Legal analysisWhen a state-owned enterprise goes bankrupt, some employees apply for self-employment and no longer retain their status as employees of state-owned enterprises. The people of the city or municipal district or county where the bankrupt enterprise is sentenced to filial piety shall adopt various measures such as job transfer training, employment introduction, production self-help, and labor export, to properly arrange for the employees of the bankrupt enterprise to re-employ, and to ensure their basic living needs before they are re-employed. Encourage employees of bankrupt enterprises to seek self-employment: For those who are self-employed, a one-time settlement fee can be issued according to the actual local situation, and the status of employees of state-owned enterprises will no longer be retained.

In principle, the one-time settlement allowance shall be paid at three times the average salary income of the employees of the enterprise in the city where the bankrupt enterprise is located, and the specific payment standard shall be stipulated by the people of the relevant cities. During the period of unemployment, the employees of bankrupt enterprises shall enjoy unemployment insurance benefits in accordance with the "Provisions on Unemployment Insurance for Employees of State-owned Enterprises". Employees who are unable to re-employ after the expiration of unemployment insurance and meet the requirements for social assistance shall be paid to the public by the local civil affairs department in accordance with regulations.

Legal basisLabor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The monthly wage mentioned in this article refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

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.

1. How to pay liquidated damages if the customer unilaterally terminates the contract?

The unilateral termination of the contract by the customer is a unilateral breach of contract, and the customer shall bear the corresponding liability for breach of contract in accordance with the breach of contract liability clause agreed in the contract. If the contract does not clearly stipulate the liability for breach of contract, but one party to the contract pays the deposit, the party who pays the deposit is in breach of contract, and the other party does not return the deposit. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract.

2. Is there a time limit for deposit refund?

It depends on how the specific contract stipulates. Once the deposit is paid, it is non-refundable and the deposit is fully refundable. A deposit is a form of security in which a certain amount of money is paid as security before the contract is concluded or performed.

The party who pays the deposit is called the party who pays the deposit, and the party who receives the deposit is called the party who receives the deposit. In commercial housing transactions, there is a clear legal difference between the deposit and the 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 a commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer does not believe in the performance of the contract, he has no right to demand the return of the deposit, and if the developer does not perform the contract, the deposit shall be returned by double the shipping measure. The deposit is not a normative legal concept, in fact, it has the nature of an advance payment, which is a means of payment for the parties, and does not have the nature of security.

In a commercial housing transaction, if the buyer fails to perform his contractual obligations, it does not mean that he has lost the right to request a refund of the deposit; Conversely, if the developer fails to fulfill its obligations, it is not required to return double the deposit, but this does not mean that the breaching party is not liable for breach of contract.

If you don't want to buy after paying the deposit, you can do this: 1. Negotiate with the seller to solve: no matter whether the buyer buys a new house or a second-hand house when buying a house, the buyer may not want to buy the house, once the buyer does not want to buy the house, then the seller will definitely be required to return the deposit paid by himself, when this situation is encountered, the buyer should first negotiate with the seller to solve the specific solution, as well as the proportion of the refund of the deposit. Whether it is from a real estate developer or a second-hand house purchased, when an individual does not want to buy a house and wants to return the deposit, it is necessary to negotiate with the seller on the specific solution and the proportion of the refund amount.

2. Find the community to solve the problem: If the buyer still can't get a solution after negotiating with the seller, then the buyer can choose to find the local street or community to come forward to solve the mediation deposit refund matter.

3. Solve the problem through legal means: when the buyer can not let the seller return the deposit to himself after negotiating with the seller and finding the community, then the buyer can solve the problem through legal channels, after all, most housing transactions have signed a purchase agreement or deposit agreement, and when the deposit is returned, the buyer should pay attention to the specific provisions in the contract to see the requirements for the return of the deposit.

A party who does not want to buy a house after paying the deposit constitutes a breach of contract and is generally not entitled to a return of the deposit. The breaching party shall notify the other party in a timely manner to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period of time. The other party shall take appropriate measures in a timely manner to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, no compensation shall be sought for the increased losses.

Legal basisArticle 587 of the Civil Code.

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.

Article 591.

After one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, compensation for the increased losses shall not be claimed.

The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party.

Dear, I am happy to answer for you, if you do not want to buy after paying the deposit, then most of the developer's deposit is non-refundable.

Article 4 of the Interpretation of the Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing stipulates that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of a commodity house is not concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; 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.

Questions. I booked a second-hand house through an intermediary, and now I don't want to buy it, and I have paid the liquidated damages, and the landlord wants to sue the intermediary, and the intermediary wants me to give an explanation.

Kiss, liquidated damages have also been paid, which is in line with the process.

Questions. Is it that the follow-up development has nothing to do with me?

Yes, dear, you paid liquidated damages, and this matter has nothing to do with you. And nothing was done to them either.