Without proof of purchase, can the deposit collected by the developer be refunded if the developer v

Yes, refundable. Now the state has hard and fast regulations on the pre-sale of commercial housing, and the pre-sale can only be handled with all five certificates, otherwise it is a violation, you can go to the housing and construction department to appeal, or go to the court to sue for resolution, and you will definitely be able to come back.

The developer is not allowed to sell the property without the sales permit and other information, and the illegal sales deposit can be refunded.

The deposit should be refunded.

First, according to the relevant regulations, the developer is not allowed to sell houses without a pre-sale license, and the developer's unlicensed operation is already an illegal operation. The developer shall return the deposit unconditionally. According to Article 9 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 Commercial Housing, "if the seller enters into a contract for the sale and purchase of commercial housing under any of the following circumstances, resulting in the invalidity of the contract or its revocation or dissolution, the buyer may request the return of the purchase price and interest paid and compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid

1) deliberately conceal the fact that the commercial housing pre-sale permit certificate has not been obtained or provide false commercial housing pre-sale permit certificate ......"The pre-sale certificate is the "commercial housing pre-sale license", which is the approval document of the municipal and county people's ** real estate administrative departments to allow real estate development enterprises to sell commercial housing. According to Article 45 of the Urban Real Estate Management Law of the People's Republic of China, the pre-sale of commercial housing shall meet the following conditions:

1. All the land use right transfer fees have been paid and the land use right certificate has been obtained; 2. Hold a construction project planning permit; 3. According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined; Fourth, go through the pre-sale registration with the people's real estate management department at or above the county level and obtain the pre-sale license certificate of commercial housing. Article 23 of the Regulations on the Management of Urban Real Estate Development and Operation No. 248:

1. All the land use right transfer fees have been paid and the land use right certificate has been obtained;

2. Hold construction project planning permits and construction permits;

3. According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project shall reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date of the grinding banquet have been determined;

Fourth, the pre-sale registration has been completed, and the pre-sale license certificate of commercial housing has been obtained. Article 6 of the Ministry of Construction Decree No. 131 "Administrative Measures for the Pre-sale of Urban Commercial Housing": The pre-sale of commercial housing shall be subject to a licensing system.

For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

Legal analysis: First of all, the deposit is a kind of debt guarantee, which guarantees that the two parties continue to negotiate on the signing matters at the agreed time, and promote the establishment of the contract with the greatest sincerity. Secondly, there are several circumstances in which the deposit can be refunded, and if the two parties fail to reach an agreement on the content of the contract due to the deposit, the deposit and liquidated damages are not applicable.

If one of the parties fails to negotiate within the agreed time limit or changes the subscription content without reason, resulting in the inability to conclude the sales contract, the deposit penalty shall apply.

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

The developer cannot pay the deposit without obtaining the pre-sale license, because the law stipulates that if a real estate developer pre-sells a commercial house, it must have gone through the pre-sale registration and obtain the pre-sale permit certificate of the commercial house. Therefore, without obtaining a pre-sale permit, you are not allowed to ** the house, and you cannot pay a deposit.

[Legal basis].Article 22 of the Regulations on the Administration of Urban Real Estate Development and Operation.

Real estate development enterprises shall meet the following conditions for pre-sale of commercial housing:

1. All the land use right transfer fees have been paid and the land use right certificate has been obtained;

2. Hold construction project planning permits and construction permits;

3) According to the calculation of the pre-sold commercial housing provided, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

Fourth, the pre-sale registration has been completed, and the pre-sale license certificate of commercial housing has been obtained.

Article 36.

In violation of the provisions of these Regulations, unauthorized pre-sale of commercial housing, the competent department of real estate development of the people's ** at or above the county level shall order the illegal acts to stop, confiscate the illegal gains, and may impose a fine of less than 1% of the advance payment collected.

If the developer does not obtain the "Commercial Housing Pre-sale License" to pre-sell the commercial housing, according to the circumstances and consequences of the violation, different levels of penalties will be imposed: 1. If one set is sold and the deposit or house price is not more than 500,000 yuan, the illegal income will be confiscated and the fine of the advance payment will be imposed; 2. If the sales of more than 2 sets and less than 5 sets or the deposit or house price collected exceeds 500,000 yuan but does not exceed 3 million yuan, the illegal gains shall be confiscated and the fine of the advance payment received shall be imposed; 3. If more than 6 sets are sold or the deposit or house price is more than 3 million yuan, the illegal income shall be confiscated and a fine of 1% of the advance payment has been collected. Article 38 of the Administrative Measures for the Sales of Commodity Housing stipulates that anyone who violates laws and regulations and pre-sells commercial housing without authorization shall be ordered to stop the illegal act and confiscate the illegal income; If an advance payment is collected, a fine of less than 1% of the advance payment already collected may be imposed concurrently.

Deposits are not allowed if the developer has not obtained a pre-sale certificate. The developer of the pre-sale of pre-sold real estate shall hold a commercial housing pre-sale license, and the developer's behavior of conducting pre-sale without obtaining a pre-sale license is an illegal act, and the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but the commercial housing pre-sale license obtained before filing a lawsuit may be deemed valid.

[Legal basis].

Article 5 of the Administrative Measures for the Pre-sale of Urban Commercial Housing shall meet the following conditions: (1) All land use right transfer fees have been paid and the Biming land use right certificate has been obtained; 2. Hold construction project planning permits and construction permits; (3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined. Article 6 of the Administrative Measures for the Sales of Commodity Housing implements a pre-sale permit system for the pre-sale of commercial housing.

The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

The developer can withdraw the deposit if he conceals the fact of the house. If the developer conceals the facts of the house, the buyer may request the termination of the house sale contract, and the developer shall return the purchase price and interest paid, bear the liability for compensation not exceeding one time of the purchase price paid by the family, and return the deposit twice.

Legal basis] Article 148 of the Civil Code.

Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 577.

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.

Article 587.

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.

It is advisable to ask the developer for a deposit on the grounds that the contract is invalid.

Article 115 of the Contract Law of the People's Republic of China stipulates the deposit as follows: 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 89 of the Security Law of the People's Republic of China stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. 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.

You can return it, but you need a certain method.

I paid a deposit to buy a house, can I get it back if I don't want it? And what are the tips.

Yes, it can be refunded. Reason: The real estate development company has not obtained the pre-sale license, there is no qualification to sell the house, and the purchase contract or letter of intent signed at this time and the deposit paid are not protected by law, so you can ask the developer for the deposit that has been paid.

In accordance with Article 44 of the Law of the People's Republic of China on the Management of Urban Real Estate

The pre-sale of commercial housing Qiaoshan shall meet the following conditions:

One. Pay all the land use right transfer fees and obtain the land use right certificate;

Two. Planning Permit for Works;

Three. The pre-sale commercial housing is calculated, and the funds invested in the development and construction have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;

Four. The people's ** real estate management department at or above the county level shall handle the pre-sale registration and obtain the license certificate for the pre-group consumption of commercial housing.

1. "Commodity Housing Pre-sale Xu Brother Socks Certificate" is the approval document of the municipal and county people's ** real estate administrative management and erection department to allow real estate development enterprises to sell commercial housing. The competent authority is the Municipal Land and Housing Management Bureau, and the certificate is uniformly printed, registered and approved and issued by the Municipal Land and Housing Management Bureau.

2. The developer can only sell the house and collect the buyer's house payment if the pre-sale certificate is obtained, and it is illegal to collect money without the pre-sale certificate, and the law does not protect the rights of the buyer and the seller!

3. You can consult the staff of the local housing authority, the pre-sale certificate is the overall situation of the housing management liquid is responsible for the approval and issuance, if it is handled, one is that there will be a display in the sales office, and the other is that the housing authority has a record, they will tell you, you can buy with confidence!