I paid a deposit to buy a house, can I get it back if I don t want to buy it?

Normally, it can be refunded, but the deposit is not.

According to the relevant provisions of the Civil Code (in force), a "deposit" is a form of security taken for the purpose of concluding a contract or performing a contract. If the "deposit" is made for the conclusion of the contract, the developer shall refund or apply the "deposit" to the payment of the house, regardless of whether the purchase contract is finally concluded or not.

If the "deposit" is set up for the performance of the contract, the purchase contract is a sales contract, the sales contract is the main contract, and the guarantee contract is a subordinate contract.

Precautions for buying a house and picking a house.

1. To purchase a pre-sold commercial house, it is necessary to check whether the developer has hung the original copy of the "Commercial Housing Pre-sale License" and the attached drawings in a conspicuous place in the sales office.

2. Whether the purchased housing has been mortgaged or sealed; If it is sold by a real estate agency company, you should know whether the company has real estate agency qualifications. All of the above can be inquired by logging on to the Municipal Land and Housing Management Bureau**.

3. In terms of housing quality, it is recommended to go to the site to check whether there are wall cracks, water leakage, water seepage, cutting corners, pipeline leakage and other problems.

If you regret buying a house, you can't return the house.

When buying a house, the buyer and seller will generally sign the corresponding contract, and if there is no reason to check out, they need to bear the liability for breach of contract.

If you are willing to bear the liability for breach of contract, the house can of course be returned. If you meet a seller with a good point, you may not be held liable for breach of contract, but this is rare unless the seller happens to encounter another buyer who bids higher.

If you pay a deposit for buying a house and don't want to continue buying a house for your own reasons, the deposit cannot be returned. Because the fixed metal is a deposit in the nature of guarantee, the other party will be compensated twice for breach of contract, and the other party cannot ask for return for breach of contract.

According to Article 587 of the Civil Code of the People's Republic of China, if 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.

Other regulations regarding deposits.

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 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.

The above content refers to the Chinese National Network - Civil Code of the People's Republic of China.

Hello, I have seen your problem here, please wait a minute.

Questions. I just signed a contract, can I return if I don't want it?

In this case, the deposit is generally non-refundable because you are in breach of contract. Article 115 of the Contract Law stipulates that the parties may, in accordance with the Guarantee Law, 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.

Questions. For no reason, it's just that I feel stressed.

The contract has already been signed.

There is usually no way to return it.

Questions. Isn't there any other way?

Unless it has been negotiated with the other party at the beginning, it can be refunded.

Questions. The down payment has been paid, but the bank has not yet processed the loan.

Then you wait for the loan to be processed, and the down payment has been paid, and the regret is really a default in the legal sense.

Questions. After the loan is processed, can I still check out?

It can only be resold and cannot be returned.

It can only be resold and cannot be returned.

Hello, if you pay a deposit, it means that you must buy, if you don't want to buy, the deposit is generally non-refundable. If you make a down payment, you will need to deduct a certain amount of liquidated damages.

Questions. I also went to the bank for an interview, and the bank issued a batch of notices.

However, there are some circumstances in which you can ask for a refund of the deposit: 1. The seller is also in breach of contract, such as: 1. The nature of the house does not meet the requirements of the listing transaction, such as affordable housing less than five years old.

2. The seller's procedures are not complete, or the contract is signed by the non-property owner, and the person has no right. 2. There are problems in the terms of the deposit contract 1. The main terms such as **, area and house type are not agreed or unclear, and if the two parties cannot reach an agreement on this content, the formal contract cannot be signed. 2. The buyer has the right to request the people's court or arbitration institution to modify or revoke the contract concluded by the buyer due to a major misunderstanding, or if the contract is obviously unfair at the time of conclusion of the contract, and the seller uses fraud, coercion or taking advantage of the danger of others to make the buyer go against the true intention.

3. In the event of force majeure, the contract cannot be performed due to force majeure, and the contract can not be performed, the contract can be terminated, both parties are exempt from liability, and the deposit will naturally be returned. For example, due to natural disasters, damage to the subject matter or the introduction of new policies, the buyer loses the qualification to buy a house.

Questions. Generally refers to whether there is hope or no, and how much the down payment penalty should be.

Thirty percent, depending on how much you pay.

Questions. No, 300,000 dozens.

Is there any other way to do it?

That is to buy a house and sell it second-hand.

What should I do if I regret buying a house impulsively and paying a deposit, but now I don't want it? Under what circumstances can I get a refund? Ah Yue will take you to understand what are the circumstances of buying a house that you can check out and ask for a deposit or house payment, full of work, like to give Ah Yue likes, collect, share, and pay attention to it!

If you regret paying the deposit for buying a house, the deposit will not be refunded.

If the party who received the deposit regrets not signing the purchase contract, then the deposit should be refunded double.

According to Article 587 of the Civil Code, which came into effect in 2021, 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 provisions of the contract, 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.

Therefore, if you regret paying the deposit for buying a house, the deposit will not be refunded.

No.

The deposit paid before signing the contract for the purchase of a house is a deposit to guarantee the conclusion of a formal contract. Generally speaking, when signing the subscription letter or letter of intent, it is agreed to pay a deposit as a guarantee for the signing of a formal contract, and this kind of deposit is the deposit deposit.

If a formal contract for the sale and purchase of commercial housing is not signed due to the reasons of one party, the deposit penalty shall be applied. In other words, if the buyer pays a deposit but does not want to buy the house, then the seller can not refund the deposit.

Legal analysis: The deposit paid before the formal purchase contract is signed, which is also the deposit deposit, which refers to the deposit paid to ensure the conclusion of the formal contract. If the buyer pays a deposit but does not want to buy a house, then the developer can not refund the deposit.

If the developer collects a deposit but does not sell the house, the deposit must be doubled. However, if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the buyer may request a refund of the deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China: 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.

Hello dear, no, the deposit paid when signing the purchase contract is not refundable, because the deposit in the laws and regulations, has the meaning of two-way guarantee, if the party who paid the deposit regrets, there is no right to return the deposit, and the party who received the deposit, if there is a breach of contract, not only need to return the deposit according to law, but also double.

Legal analysis: generally not, the deposit itself has the nature of a deposit contract, if you are in unilateral breach of contract, it is difficult to get the deposit back, you can claim that the terms of the contract are not agreed and you can ask for the return of the deposit, the buyer can prove through the record of the modification of the contract conditions during the negotiation of the contract conditions, or through the recording of the conversation between the two parties. 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.

Legal basis: Article 587 of the Civil Code of the People's Republic of China.

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.

Generally, after paying the deposit for buying a house, you don't want to buy it, and the deposit cannot be refunded.

However, if the performance of the purchase contract cannot be performed due to reasons attributable to the seller, or the performance of the purchase contract cannot be continued due to reasons not attributable to both parties, the buyer does not want to buy, and the deposit shall be refunded; Moreover, if the seller cannot perform the purchase contract, the deposit shall be refunded double.

If the deposit for the purchase of the house is sold but you don't want to buy it, if it is only for personal reasons, then the deposit will generally not be returned. In order to get the deposit back, the following must be proven:

1. If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the buyer may request a refund of the deposit.

2. If the developer does not have the qualifications for the sale of commercial housing, the deposit can be returned.

Deposits cannot be refunded.

In commercial housing transactions, there is a clear legal difference between the deposit and the socks 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 the return of the fixed collapse fee, and if the developer does not perform the contract, the deposit shall be returned double. China's "Guarantee Law" also stipulates that 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.

Buying a house: The first step: start preparing to buy a house.

To buy a house, you must first estimate your actual purchasing power according to your financial strength and ability to repay the upgrade, and determine the location, area, floor, and orientation of the house according to the needs of work and life.

The second link: selection**.

This link is a continuation of the preparation, which can be checked from the newspaper, TV, the Internet or the relevant real estate**, and the buyer needs to combine the advantages of the three**. Comprehensive and detailed examination of ** information.

The third link: on-the-spot viewing Choosing a house is a highly technical job. Before choosing a house, you should have an understanding of the basic knowledge of floor area ratio, greening rate, common area, and house type.

A: No, it cannot be returned. If the parties have signed a contract for the sale and purchase of a house, and the owner cannot request the real estate developer to return the deposit simply because of his personal will and without other legal reasons, the deposit penalty shall be applied in this case.

Legal basis: Article 587 of the Civil Code 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.

Note: The Civil Code will come into force on January 1, 2021.

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 Article 4 Where the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, order, reservation, etc., if the contract for the sale and purchase of commercial housing 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.

I paid a deposit and down payment to buy a house, and I don't want to buy it, the deposit cannot be refunded, and the down payment can be refunded. The deposit refers to the agreement between the parties that the parties shall pay a certain amount of money to the other party in advance as security in order to ensure the performance of the debt, and the amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

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.

Questions. Is the down payment fully refundable?

Yes, dear. Questions.

I paid a deposit of 100,000 yuan and a down payment of 680,000 yuan, and if the house is not wanted, I can return the 680,000 down payment, and the 100,000 deposit will not come back, right?

The deposit is non-refundable!

The down payment is refundable.

If you look for someone, you can retreat, this.

Questions. Someone told me that the deposit cannot be refunded, and the liquidated damages have to be paid.

Dear, you need to find someone for this.

The deposit is non-refundable.

Because you occupy the house, you influence people to sell it.

I paid a deposit and down payment to buy a house, and I don't want to buy it, the deposit cannot be refunded, and the down payment can be refunded. The deposit refers to the agreement between the parties that the parties shall pay a certain amount of money to the other party in advance as security in order to ensure the performance of the debt, and the amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit.

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.

Questions. Is the down payment sure it can be refunded in full? There will be no penalty for liquidation.

It will not be refunded, as required.

It depends on how you go to the developer and ask questions.

I say down payment. The down payment you mentioned earlier is fully refundable.

Dear, I'm sorry to see it wrong, I can't return.