Can I get a refund of the deposit for the purchase of a house? Can the deposit for the purchase of t

There are several situations in which the deposit is refunded for the purchase of a house: party 1** has not defaulted, and the buyer cannot ask for the return of the deposit; 2. If the developer breaches the contract, the deposit will be doubled; 3. If the two parties cannot reach an agreement on the terms of the subsequent formal contract, the developer shall return the deposit unconditionally; 4. If there is force majeure that causes the buyer to be unable to pay the house payment, the buyer can also refund the deposit.

The purchase deposit is refundable, but it must meet the conditions prescribed by law, and if the pre-sale contract is not concluded due to the buyer's reasons, the buyer has no right to demand the return of the deposit.

Legal basis] Article 586 of the Civil Code, 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.

Is the deposit refundable for buying a house?

Under what circumstances can the deposit be refunded?

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.

In the following cases, the deposit can be refunded

1) If the buyer gives up the purchase of the house for its own reasons and does not sign the sales contract, or the seller breaches the contract and does not sell the house, then the party who does not perform the agreed obligations has no right to demand the return of the deposit; If the party accepting the deposit fails to perform the agreed obligations, it shall return double the deposit.

2) If the sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

3) If it is difficult for the buyer and the seller to reach an agreement on the contents of the house sale agreement and the supplementary agreement, and the contract is not signed, neither party can be attributed, so the seller should return the deposit to the buyer in full. There are certain conditions for the refund of the deposit, that is, it can be refunded due to the unanimous agreement on the terms of the contract, but the contract must be signed within the time limit agreed in the subscription letter. In addition, for projects without sales licenses or property rights certificates, such as internal subscriptions, because they do not have the sales conditions, the deposit can be refunded under any circumstances, and there is no need to do a lot of evidence collection work, and it is enough to sue directly.

The deposit agreed in the formal purchase contract is generally divided into two situations: one is to release the deposit; The other is a deposit for breach of contract. The legal consequences of a deposit vary depending on the nature of the deposit.

1. If the contract stipulates that the contract is a deposit for termination, after the deposit penalty is applied, the contract shall not be required to be compulsorily performed, but when the loss of the contract is greater than the amount of the deposit compensation, the other party may also be required to bear the liability for damages.

2. If the contract stipulates a deposit for breach of contract, after the deposit penalty is applied, you can choose to continue to perform the contract or choose to terminate the contract, and when the loss of contract termination is greater than the amount of the deposit compensation, the other party can also be required to bear the liability for damages.

Extended information: Reconciliation and elimination methods for the refund of the deposit for the purchase of a house.

1) Negotiate a settlement, if someone else takes over the house, some developers will be willing to quit;

2) Withdrawal on the grounds that the terms of the contract cannot be agreed;

3) Withdrawal on the grounds that the developer has violated the rules;

4) Withdrawal on the grounds of force majeure.

Legal basis: Article 115 of the Civil Code [Deposit] The parties may, in accordance with the Security Law of the People's Republic of China, 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 collected.

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.

Lawyer's analysis: The deposit paid for the house is refundable, but it should meet the conditions stipulated by law. The specific conditions are:

There is a reason that cannot be stopped from being attributed to the buyer and the seller, resulting in the inability to conclude the sales contract. Or the seller is unable to conclude the contract due to its own reasons. If the parties agree to pay a deposit as security for the conclusion of the main contract, if the party who pays the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.

If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a contract for the sale and purchase of commercial housing by means of subscription, order, reservation, etc., if it fails to conclude a contract for the sale and purchase of commercial housing due to reasons attributable to one of the parties, it shall be dealt with in accordance with the provisions of the law on the fixing of the length of the property; 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.

Legal basis]: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over 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 commercial housing sales contract through subscription, ordering, 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 deposits; 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.

Legal analysis: The deposit paid by the house owner is refundable, but the conditions stipulated by law should be met. The specific conditions are:

There are reasons that cannot be attributed to the buyer and the seller, resulting in the failure to conclude the sales contract. Or the seller is unable to conclude the contract due to its own reasons. If the parties agree to pay a deposit as a guarantee for the conclusion of the main contract, and the party who paid the deposit refuses to enter into the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.

If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it 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 deposits; 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.

Legal basis: 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.