The difference between a purchase deposit and a deposit, and a purchase deposit and a deposit

Although the pronunciation of a deposit and a deposit is the same, there is an essential difference.

"Deposit" refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, and it is a legal form of security, the purpose of which is to promote the debtor's performance of the debt and ensure that the creditor's claim can be realized. When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed. If the party paying the deposit fails to perform its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill the debt, the debt will be doubled to the other party.

After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement.

If the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money. Therefore, if the commercial house does not meet the sales conditions, and the buyer has already paid the "deposit", then the developer should unconditionally refund the deposit to the buyer, regardless of whether the parties have agreed on the return of the "deposit". In addition, according to 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 Contracts for the Sale and Purchase of Commodity Housing, 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 also return the deposit.

The difference between a deposit and a deposit is the knowledge of buying a house.

Legal analysis: the functions of the two are different: the deposit does not have the function of guaranteeing the debt, and its function lies in providing certain financial support for one party to perform the debt; The payment of the deposit itself is an act of performance of the obligations of the party paying the deposit.

Double penalty applies to the deposit.

Legal basis: Civil Code of the People's Republic of China

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 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.

Legal Analysis: The difference between a deposit and a deposit for a house purchase is that a deposit is a means of payment and has the nature of an advance payment; The deposit can be regarded as a kind of creditor's security, and if the other party defaults, the deposit penalty can be applied. 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 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 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.

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. 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 is of a guarantee, while the deposit is only a unilateral act and does not have the nature of a guarantee. To sum up, we can know that the deposit for the purchase of a house is generally refundable, but the actual situation should also be analyzed in detail.

For example, the Contract Law stipulates that if the party paying the deposit fails to perform the agreement, it has no right to demand a refund of the deposit, and the party receiving the deposit shall return the deposit twice as much if it fails to perform the agreement. Article 115 of the Contract Law stipulates that the parties may, in accordance with the Law of the People's Republic of China on Guarantees, 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. Article 91 of the Security Law of the People's Republic of China The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

Teach you the difference between a deposit and a deposit.

In legal terms, a fixed metal is a kind of security for a creditor's right and should be agreed in writing. According to the provisions of the Contract Law and the Guarantee Law, the deposit penalty is applicable. A deposit is not a legal term and is often understood as an advance payment.

Regardless of whether the seller defaults or the buyer defaults, the party who received the deposit should refund the full amount.

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

The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

The difference between a deposit and a deposit is completely different, and the legal consequences are completely different.

Teach you the difference between a deposit and a deposit.

The deposit is a kind of guarantee, which is both compensatory and punitive, and if it defaults, the defaulting party needs to pay double the deposit of the non-breaching party, but the agreed upper limit shall not exceed 20%. The deposit is a kind of intention money, which can be refunded at any time and is not punitive.

When buying a house, be sure to distinguish the difference between a deposit and a deposit.

Difference Between Deposit and Deposit for Buying a House:

A deposit is a deposit that the parties can agree that one party will 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. The deposit shall be agreed in writing, and the deposit clause shall take effect from the date of actual payment of the deposit, if only the deposit is agreed in the contract, but in fact the deposit is not paid, the deposit of the defaulting party cannot be confiscated or the deposit shall be returned twice. The amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall be invalid;

In practice, deposits can be divided into the following types:

1.Deposit deposit: If a deposit is set in an agreement such as a letter of intent, its legal effect exists from the time the parties actually pay the deposit, and if the parties to the contract do not conclude a formal contract as agreed, the deposit penalty can be applied to the party who refuses to conclude the main contract.

However, we often encounter parties who pay the deposit without signing any agreement or letter of intent, in which case, if one party breaches the contract, it is difficult to require the breaching party to double the deposit or confiscate the deposit;

2.Liquidated deposit: It is agreed in the contract to give up or return double the deposit as a remedy for breach of contract.

The contract may stipulate that the "non-performance" of the agreed debt by one of the parties shall be the condition for the application of the deposit penalty, which is what we usually call breach of contract. First, it is clearly stipulated that the conditions for the penalty of breach of contract deposit are not only for delay in performance, but also for the failure of the purpose of the contract due to the breach of contract, both of which are indispensable.

Second, if part of the main contract is performed and part of it is not performed, and one party suffers losses as a result, but the purpose of the contract is not completely frustrated, then the party who does not fully perform the contract can be punished with a deposit, but not all of the deposit can be fined;

3.Termination Deposit: The party who pays the deposit can give up the deposit to terminate the contract, and the party who accepts the deposit can also return the deposit twice to terminate the contract.

It should be noted that although one of the parties terminates the contract by bearing the loss of the deposit, the terminating party shall still be liable for damages if the loss suffered by the party who abides by the contract is greater than the profit from the deposit.

Although there is a difference between the deposit and the deposit, the meaning of "deposit" is very different from that of a "deposit" in law. In the contract, if it is written "deposit", if one party breaches the contract, the other party has no right to demand double return, only the original amount.

How to distinguish between a deposit and a deposit?