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1. Article 89 of China's Guarantee Law stipulates a deposit, which mainly means that 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 you agree with the agent is the deposit that is conditional on whether to conclude the contract, and if you do not enter into the contract, you will lose the deposit. So there is a certain reason why the agent does not return your deposit.
Article 89 of the Guarantee Law.
The parties may agree 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 90. The deposit shall be agreed in writing. The parties shall stipulate in the deposit contract the time limit for the payment of the deposit. The deposit contract is effective from the date of actual payment of the deposit.
Article 91.
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.
2. However, the intermediary's approach is flawed. Because when you pay a deposit of 500 yuan, the intermediary does not inform you of the meaning of the deposit, and you think it is a deposit, so you pay the deposit in a daze, which is regarded as a "major misunderstanding" in contract law.
A contract with a major misunderstanding is a voidable contract, which means that you can request the people's court or arbitration institution to change or revoke your deposit contract with the intermediary within 1 year after you know about it, and ask the other party to return your 500 yuan.
Article 54 of the Contract Law provides that one of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:
1) It was concluded due to a major misunderstanding;
Article 55: In any of the following circumstances, the right of revocation is extinguished:
1) The party with the right of revocation has not exercised the right of revocation within one year from the date on which it knew or should have known the reasons for revocation;
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Hello, the receipt says a deposit, so it shouldn't include other fees. The deposit does not exceed 20% of the subject matter of the contract, which I think may be exceeded.
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First of all, your receipt is unreasonable, which is your lack of experience.
Second, it is very troublesome to encounter such a thing, even if it is not necessary to go to court.
I can win. Tell you a trick: go to the consumer association to explain the situation, and let them come forward to solve the problem or adjust the solution.
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If the subject matter of the contract is 700, then what they are doing is definitely illegal. In addition, if they claim the application of the deposit penalty, then they should no longer claim non-refundable fees such as intermediary fees. They have to choose between the two!
Support you to sue! Defend your rights with the law!
I think; You must first clarify what the subject amount of the contract is, and then you can determine whether the 500 yuan is more than 20%.
If it is not more than 20%, I suggest that you go to the consumer association or the industry and commerce department to complain about their dishonest behavior, and try to solve the problem through administrative means, I think from the perspective of litigation, you are very likely to not get the money back. As everyone knows. Fighting a lawsuit is fighting evidence.
The strongest evidence of the real estate company is the receipt, which is written evidence. And what evidence can you present to support your claim? As you said, they didn't say anything at the time, and it is true that they acted with no sincerity, and maybe the judge will be on your side emotionally, but you can't adduce favorable evidence, it's all in vain
That's why it's important to do so administratively as much as possible
If there is an excess, if they don't return it to you, you can go to the consumer association and other administrative organs to complain about them or sue them!!
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If you use it and have been deceived, it means that you know that someone has been deceived. So why not be cautious?
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If you pay the deposit, you must have a receipt, if you are scammed, you can take the deposit receipt and talk, it's fine.
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First of all, if you buy a machine, it is best to go to a regular store with a business license or ** to buy. If it is the kind of three-no shop or street stall, then basically there is no way to guarantee the quality.
Another point is that a deposit is different from a deposit. The law stipulates that the deposit is legally binding, and if you and the merchant have made a deposit agreement, if you end up violating the agreement, then the merchant has the right to confiscate your deposit. If the merchant violates the agreement on the deposit, then the merchant should pay you twice the amount of the deposit.
If it is a deposit, there are no specific laws and regulations.
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This should be your voluntary behavior, not being deceived.
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After paying the deposit, there is no response, and it should be cheated.
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Now there are too many societies, and we must do a good job of prevention.
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I have to tell you that this wealth management product is illegal because it has not been registered with the Industrial and Commercial Bureau, nor has it been filed with the China Banking Regulatory Commission, so it is illegal. This is common sense.
According to China's current laws and regulations, those who engage in financial business in China must obtain a license from the People's Bank of China, the China Banking Regulatory Commission must file for registration, and the Industrial and Commercial Bureau must register. This is a typical Ponzi **, tearing down the east wall to make up the west wall.
The best thing to do is that the wall doesn't fall before you redeem the bricks!
The final result is that the wind blows the eggshell and the wealth goes to people's happiness.
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**Ah, stupid, at first glance**.
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Do you still use a photographer? You don't have to spend money on your own phone. No privacy is exposed. After taking a picture, just go to the computer and print it out.
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This can only be discussed between you and the landlord, because you have not signed any contracts or anything like that, if the landlord is not good at talking, then it is difficult to get your deposit back, you must know that this deposit is also paid to prevent you from defaulting.
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Whether it's a deposit or a deposit, it is estimated that it will not be refunded to you, you have to pay a deposit first to rent a house, you don't want a receipt, you don't have any vouchers, how can you go back? It's okay to meet a good person, talk to him that maybe it will be returned to you, generally it will not be returned to you, consider yourself unlucky, next time you have to think clearly before doing things, no matter what money you pay to others, you have to leave a certificate.
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Why don't you write a receipt after paying the deposit? What do you want?
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If you encounter a refund, you have to be in a hurry to refund, so you can come again next time, you are embarrassed for her this time, she will not come 100% next time, you give a refund quickly, she remembers the good of your store, and maybe give it publicity.
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We can't do anything in our business, the customer is God.
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Doing business as a service industry requires being prepared to be angry.
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Service industry Take a look at the book.
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You just push this matter directly to the boss, wait for the boss to make an appointment and then interview!
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Complain to your boss about it. After all, it's up to the boss to settle the matter.
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The mouth is on someone else, say whatever others say, and today I am also unemployed.
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It's anyone, self-regulate.
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Handed over five 50 to whom? You can give it to whomever you want.
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I'm sorry customer, your deposit is too small, my company can only send a sofa to pay a 500 deposit to you, or you come to the company to make up the rest of the deposit, he (she) must be angry and laughing to the company.
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You and he said clearly, this ** is already very preferential, the company has a provision to pay 50% to place an order, I hope he will make up the deposit, if he likes the sofa very much, he should come to pay, contact earlier may change his mind. If he doesn't come, the 500 doesn't have to be refunded.
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Are you the boss? Or you can tell him that you are a part-time worker, and the boss stipulates how much the deposit will be before delivery...1. Worry that the customer will run away, 2. Worry that the money will not be received. I think you can go from this angle....
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Explain the situation to the customer sincerely.
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It's the same as buying a car, you pay a deposit and we will keep this sofa for you, and then send it to you when the time comes.
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You say, I'm afraid the above is not happy.
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The agent will definitely not give it to you, the reason is that he has already found you a satisfactory house, and you have spent a deposit of 500 yuan, but then you don't want to rent it, you can't blame him. Only if the deposit of 500 yuan you pay exceeds 20% of the actual contract price of the rental house, you can claim a refund of the part of the contract price that exceeds 20%. If you don't sign a contract, you won't have to come back.
If you don't come back, if you don't return 500 yuan, you won't refund it, and you should buy medicine for him.
The only way is to negotiate with the landlord, can you sublet it to someone else as soon as you rent it? And set out in the lease contract the terms of the landlord's agreement to sublet the property. The above methods are for reference only, you can learn from them.
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Do you mean that you paid the deposit twice?
Are you and your friend sharing a flat house?
According to the provisions of the Contract Law, the deposit paid shall not exceed 20% of the total amount of the contract, and the party paying the deposit shall not request the return of the deposit if it does not perform its contractual obligations, and the party receiving the deposit shall return double the deposit if it does not perform its contractual obligations, and the deposit shall be part of the total contract price when the contract is actually performed. That is to say, if the total amount of the contract is 100 yuan, the deposit does not exceed 20 yuan, and in the case of paying the deposit in advance, the actual contract payment when performing the contract should be 80 yuan.
According to my understanding of the materials you gave, if you and your friend have rented different houses in different agents, and you have paid rent to the landlord of the house you rented, if you decide not to rent the house here, then you cannot ask the landlord for a return of the deposit, only if the deposit of 500 yuan you have paid exceeds 20% of the actual contract price of the rental house, you can ask for a refund of the part of the contract price that exceeds 20%.
I don't know if my understanding of the situation you're in is right.
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This question should be made clearer, and the specific situation is different, whether the deposit is refundable or not. If you and a friend agree to rent a house together, and you have an agreement with the landlord, it is not okay for him to take two deposits; But if you haven't discussed it in advance, you and your friend have rented two houses, and now you want to return one of them, it's different, then the agent has a reason not to refund your deposit, and I hope to be more specific.
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