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It depends on which kind of ding you are in this "ding gold". Deposit or 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 perform the contract, he has no right to demand a return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double. China's "Guarantee Law" also stipulates:

The deposit shall be agreed in writing and shall not exceed 20% of the standard amount of the main contract. Once the parties have agreed on the deposit in writing and actually paid the deposit, the corresponding legal consequences will arise.

On the other hand, the deposit is a kind of guarantee for the performance of the contract, and the Guarantee Law stipulates that the guarantee contract (i.e. the deposit clause) is a subordinate contract to the main contract, and if the main contract is invalid, the deposit clause is invalid (if otherwise agreed, it shall be agreed). In other words, if the contract is invalid, the deposit clause is also invalid, and the party receiving the deposit should return the deposit.

If the main contract is invalid due to the fault of one party, the at-fault party shall bear the corresponding civil liability, instead of confiscating or returning the deposit twice.

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.

It is worth mentioning that before signing the formal housing pre-sale contract, the relevant subscription letter (or letter of intent) signed by the buyer and seller is not a housing sales contract, and does not have the legal effect of the housing pre-sale contract, but is only a contract in a broad sense. If there is a deposit clause in the subscription letter, the developer has the right to confiscate the deposit if the purchaser repents after signing the subscription letter; If the developer defaults and does not sign a formal pre-sale contract with the buyer, the buyer has the right to demand double the deposit from the developer. If only a deposit is agreed in the subscription letter, then there is no legal consequence of the deposit.

It can be seen that the deposit and the deposit are obviously different from each other in terms of content and legal consequences, and when signing the purchase contract, the buyer should have a full understanding of this and act cautiously according to his actual situation.

Have you signed a letter of intent to buy a home?

If you don't sign it, it must be returned to you.

If you sign it, you won't come back.

1. Does this house belong to me?

Be. 2. In case of an accident before I get the property right certificate of the house, does my wife have the right to share part of the rights of the house (the house has been funded by my family from the purchase to the decoration, and the wife only buys electrical appliances for about 20,000 yuan).

If there is no will, a partial share can be obtained by inheritance.

3. Whether the house belongs to the joint property of the husband and wife, and whether the wife has the right to divide it in case of marriage change.

No, no.

4. If both parties have children, do the children have part or all of the inheritance rights?

Of course there are parts.