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First of all, determine whether it is a deposit or a deposit It is not the same, if it is a deposit, then it will be returned to you, and the owner shall pay you 200% of the liquidated damages, and the intermediary company shall pay your intermediary fee in full.
Find a lawyer or go to the Beijing Intermediary Association or call the police.
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Double return of the deposit, the intermediary fee to find the intermediary to refund the full amount, because it is the seller's breach of contract, let the intermediary find the seller to ask for the intermediary fee!
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If the landlord defaults, he or she shall pay the same amount of liquidated damages as your deposit.
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If the buyer pays the deposit for the purchase of the house and the owner is unwilling to sell it, the buyer should be compensated for double the deposit.
Article 89 of Chapter VI of the Security Law: 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.
A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion or performance of a contract.
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.
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The deposit is an attachment to the written contract and has legal effect, mainly depending on the liability for breach of contract concluded in the written contract.
You can claim double your deposit and brokerage fees.
If you sign an appointment and intermediary service contract, the intermediary company will not compensate you for liquidated damages, because the intermediary is also the non-breaching party, there is no breach of contract, the intermediary fee you paid will not be refunded, and you can ask the seller to compensate you.
You can also sue in court for up to 20% of the total price of your home, depending on whether the seller has caused you significant damages, otherwise the court will not claim it.
I am a professional in resolving real estate disputes.
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The landlord should pay you double the deposit, the median fee.
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Legal analysis: The deposit contract is a formal contract and a practice contract, and the deposit contract has the effect of a fixed increase penalty. The so-called practice contract refers to a contract that requires the delivery of the subject matter in addition to the intention of both parties to be established, that is to say, the deposit contract is established after the deposit is paid.
Now even if you have not signed the sales contract, the other party has already paid the deposit, and now you want to breach the contract to be refunded double.
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.
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Legal analysis: The deposit of the purchase contract can be refunded, and it can only be handled under the following circumstances: first, the developer resells the house subscribed by the buyer to a third party within the time limit specified in the letter of intent, resulting in the failure of the contract to be formally signed. The developer is not eligible for ** house cases.
In addition, due to the developer's own reasons, the two parties cannot sign a formal contract or the contract is invalid. Finally, due to reasons that cannot be attributed to both parties, the contract for the sale and purchase of commercial housing cannot be performed.
Legal basis: Civil Code of the People's Republic of China Article 580 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 failure to achieve the purpose of the contract, the party who has no right to request the return of the deposit shall return the deposit if the party receiving the deposit fails to perform the debts or the performance of the debts does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be doubled.
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Summary. Hello, I am happy to serve you, the house is not sold by the other party to pay the deposit and need to bear the corresponding responsibility, as follows: if the deposit agreed by both parties, then the seller breaches the contract, the deposit needs to be returned double, if there are other provisions in the contract, the parties may also need to bear other liabilities for breach of contract, therefore, it is recommended that you follow the principle of good faith in buying and selling houses.
Hello. Hello, I am happy to serve you, the house has paid a deposit and does not want to sell and needs to bear the corresponding responsibility, as follows: such as the deposit agreed by both parties, then the seller hall which party violates the contract of jujube digging contract, the need to return the deposit double, if there are other provisions in the contract, the parties may also need to bear other liability for breach of contract, therefore, it is recommended that you follow the principle of good faith in buying and selling houses.
My dad sold his house and signed a tripartite agreement with the agent, but now he doesn't want to sell it, what can he do.
According to Article 587 of the Civil Code, 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. Therefore, if you do not want to sell the house after receiving the deposit, the seller should return double the deposit to the buyer.
Pro, you can bear the liquidated damages.
However, the contract wrote a penalty of 20%.
Do I have to pay.
Yes dear. Is there any other way to lose a little less.
That is to negotiate with the other party, if the other party agrees, you can even not bear 20% of the liquidated damages.
Basically, no, generally pay the deposit even if you have set the suite, the real estate will not be sold again, the record is registered, and the house will not be changed, unless the house has a very significant quality problem, then the real estate agent can consider changing the house for you, and generally there is no problem for you to change. >>>More
Deposits are generally non-refundable.
Legal basis] According to Article 115 of the Contract Law, the parties may, in accordance with the Security Law of the People's Republic of China, stipulate 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. >>>More
1. How to deal with the other party's breach of contract after paying the deposit? >>>More
Now I don't want it anymore, I want to return it, can the teacher take a look? Big brother: I am not qualified to buy a house, why did I pay a deposit at that time? >>>More
Is it a deposit or a deposit?
Fixation is a legal form of security that aims to induce the debtor to perform its debts and ensure that the creditor's claim can be realized. This is non-refundable. >>>More