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A deposit for the purchase of a house.
Generally it is not possible to return the purchase contract.
Although there is no official seal, there will generally be your handwritten signature and fingerprint, even if there is no official seal, it is difficult to get the deposit back, unless it is a breach of contract due to the development of their own problems, so that it is possible to return the deposit.
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This depends on how the contract is established in the purchase agreement, if the effective method takes effect with the signature of both parties, and does not require the official seal, then the contract is a valid contract, and the deposit when buying a house cannot be refunded, not only that, but because the buyer takes the lead in violating the contract, he must also bear the liability for breach of contract. However, if the contract requires the signature and seal of both parties to be valid, then the contract is invalid, and the seller can be required to refund the deposit and claim compensation for losses.
However, most houses are sold by the developer's company to the buyer, and the purchase contract must have the company's legal seal, otherwise it may be invalid.
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There is no official seal on the purchase purchase purchase agreement. Is it okay to have a deposit that is yellow enough? Return?
This is based on your agreement and confidence at the time. There is a contract that is negotiated. If you pay a deposit with him, later.
See how your agreement is written? Or Party A does not agree to sell. Or don't buy it later.
There has to be a two-way agreement. In the case of a deposit. There is definitely a surgical procedure.
Or make a strip. Or through an introducer to be a positive person. It's all possible.
If the house is not sold. Pay a deposit. He's going to retreat.
If it is on the letter of agreement. I won't buy it in the future. This deposit belongs to Party A.
Then there will be no retreat.
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The deposit for buying a house is generally non-refundable and is used to deduct the house payment.
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About coming to the deposit:
First of all, although the subscription letter is not a formal contract for the sale and purchase of commercial housing, its content is jointly recognized and signed by both parties, which is in line with the basic characteristics of the contract. Therefore, whether to return the deposit depends on whether there are relevant clauses in the contract.
Secondly, even if the real estate developer does not object to the mortgage of the house in the subscription letter, because the purpose of the subscription is to enter into a formal contract for the sale and purchase of commercial housing, and the mortgaged house has in fact damaged the legitimate rights and interests of the buyer, the buyer has the right to refuse to purchase.
Thirdly, according to Article 4 of the Judicial Interpretation on the Sale and Purchase of Commodity Housing, "if 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 the commodity house cannot be 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". According to the law on the deposit, you can claim a double refund of the deposit.
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Is there a way to refund your deposit, I also want to refund, but they won't refund it.
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If you buy a house and sign a subscription agreement and pay a deposit, you cannot refund the deposit without signing a purchase contract. Because the deposit is guaranteed in nature, it cannot be refunded in the event of a default by the buyer. If you need to consult or resolveRefund the deposit for the purchase of the houseDisputes recommend the choice of check-out information consultation platform, the regular company professional return of the purchase deposit down payment, no charge if unsuccessful, no charge in the early stage, it is worth choosing.
Click here to inquire about how to refund the deposit for the purchase of a house.
If the method of handling the deposit is determined in the subscription agreement, it is non-refundable. If it is not confirmed, the developer can be asked to return it, because the formal contract has not been signed, indicating that the two parties to the contract may not necessarily reach an agreement on the content of the agreement, and even there will be a possibility that the purchase contract cannot be signed in the end, so the conditions for the establishment of the "deposit" paid at the time of subscription have not been met, and the developer will treat it as a "deposit", which is not in line with the principle of good faith and fairness of the Contract Law.
If you want to know more about how to refund the deposit after signing the subscription agreement, we recommend the check-out information consultation platform, the check-out information consultation platform Shenzhen withdrawal information consultation****Shenzhen withdrawal information consultation****, which has been deeply involved in the legal field of real estate disputes for 10 years, and is committed to providing refund deposit services, and has set up branches across the country, which can provide professional legal advice door-to-door services, and has accepted more than 200,000 real estate deposit dispute cases across the country. It has an elite retirement team and a lawyer team of more than 600 people. Let the client receive professional legal advice at the first time to avoid the client from suffering a second injury.
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1. If the buyer fails to sign the contract at the time and place specified in the subscription letter, it is a breach of contract by the buyer, and the party who does not return the deposit will resell the subscribed house to others within the time limit specified in the subscription letter, resulting in the failure to formally sign the contract, which is a breach of contract by the seller and shall return the deposit twice.
2. If the two parties formally sign the contract within the specified time limit, the deposit can be used as the property payment after the buyer performs the contract, or if one party breaches the contract during the performance of the formal contract, the "non-returnable" shall apply.
3. If neither party has breached the breach of contract in the first paragraph above, and it is difficult to reach an agreement on the content of the pre-sale (sales) contract and supplementary agreement, and fails to sign the contract, the seller shall return the deposit to the buyer in full. But this is very rare.
4. If one party modifies the conditions confirmed in the subscription letter, such as **, room number, area, etc., when formally signing the contract, resulting in the failure to sign the contract, it shall be deemed to be in breach of contract, and if the buyer breaches the contract, the deposit shall not be returned, and the party shall return the deposit twice.
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: Non-refundable. The subscription agreement is an agreement before the formal signing of the house purchase contract, and it also has the force of a contract, and the deposit has the effect of guarantee, if the formal purchase contract is not signed after signing the subscription agreement, it is also a breach of contract, and the deposit will not be refunded.
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.
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After signing the subscription letter and paying the deposit, if you do not want to buy it, you cannot ask for a refund of the deposit, and the buyer must continue to perform the contract in accordance with the provisions of the subscription letter. Because the subscription letter is a contract, it is legal and valid. Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts provides that if a party signs a reservation contract such as a subscription letter, an order letter, a reservation letter, a letter of intent, a memorandum, etc., and agrees to conclude a sales contract within a certain period of time in the future, and one party fails to perform its obligation to conclude a sales contract, and the other party requests that it bear liability for breach of contract in advance contract or request that the reservation contract be terminated and claim damages, the people's court shall support it.
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 a contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of a commodity house 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. Article 5 The subscription, ordering, reservation and other agreements of commercial housing have the main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.
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This one is generally not refunded! If you buy a house, this deposit is used as the house payment, and if you don't buy it, this deposit will not be refunded! So think twice about buying a house.
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The party shall bring this subscription agreement, the receipt of the subscription fee, the amount payable for signing the contract and the original ID card and a seal of the person in name of the property right to be registered before 2003.
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Summary. You can negotiate with the other party to solve the problem. If the other party is not willing to give in, there is no way, and legally speaking, the seller is reasonable.
If the purchase subscription agreement is not stamped with the official seal, can the deposit for buying a house be refunded?
Hello, happy to answer for you. Generally speaking, it is impossible to return the deposit for buying a house, although there is no official seal on the purchase contract, but there will generally be your handwritten signature and fingerprint, even if there is no official seal, it is difficult to get the deposit back, unless it is a breach of contract caused by the development of their own problems, so that it is possible to return the deposit. Hope it helps you and I wish you happiness and happiness every day!
Hello, happy to answer for you. Generally speaking, it is impossible to return the deposit for buying a house, although there is no official seal on the purchase contract, but there will generally be your handwritten signature and fingerprint, even if there is no official seal, it is difficult to get the deposit back, unless it is a breach of contract caused by the development of their own problems, so that it is possible to return the deposit. Hope it helps you and I wish you happiness and happiness every day!
There is no other way.
There is no other way.
You can negotiate with the other party to solve the problem. If the other party is not willing to give in, there is no way, and legally speaking, the seller is reasonable.
You can negotiate with the other party to solve the problem. If the other party is not willing to give in, there is no way, and legally speaking, the seller is reasonable.
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Summary. Based on your question, the following is the result of my analysis for you from a legal point of view: The deposit is not refundable if the seller does not stamp the house subscription bookmark:
1.The deposit for the purchase of a house without the official seal on the purchase subscription agreement is non-refundable; 2.The purchase purchase subscription agreement is not stamped with the official seal, but it also has legal effect, and the contract is signed by mutual agreement; 3.
If you sign the deposit at the same time, you can't withdraw it, and you can't ask for compensation for breaking the contract; 4.If the contract is broken, the other party can still go to court to sue.
The seller has not stamped the house subscription bookmark, can the deposit be refunded?
Based on your question, the following is the result of my analysis for you from a legal point of view: The house subscription bookmark is not refundable if the seller does not stamp the deposit:1
The deposit for the purchase of a house without the official seal on the purchase subscription agreement is non-refundable; 2.The purchase purchase subscription agreement is not stamped with the official seal, but it also has legal effect, and the contract is signed by mutual agreement; 3.If the deposit is not bright and disturbed, it can be withdrawn, and it is not possible to ask for compensation for the breach of contract; 4.
If the contract is broken, the other party can still go to court to sue.
Legal basis: According to Article 8 of the Civil Code, civil entities engaged in civil activities shall not violate the laws of law and law, and shall not be suspected of violating public order and good customs. Douchang <>
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Legal analysis: no right to claim a refund of the deposit; If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned in double.
Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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