Do I need to bear legal responsibility for forcibly returning the deposit? 150

The key is how to sign the contract, and who these responsibilities are, I think you need to know correctly and need to bear the liability for breach of contract. A deposit is not the same as a deposit. "Deposit" is not clearly stipulated in China's law at present, it does not have the guarantee nature of the deposit, can be regarded as "advance payment", when the contract can not be performed, in addition to force majeure, should bear the liability for breach of contract according to the fault of both parties. Hope.

"Deposit" refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, and it is a legal form of security, the purpose of which is to promote the debtor's performance of the debt and ensure that the creditor's claim can be realized. When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed. If the party paying the deposit fails to perform its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill the debt, the debt will be doubled to the other party.

After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement.

If the conditions for the sale of commercial housing are not met, the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money. Therefore, if the commercial house does not meet the sales conditions, and the buyer has already paid the "deposit", then the developer should unconditionally refund the deposit to the buyer, regardless of whether the parties have agreed on the return of the "deposit". In addition, according to 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, 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 also return the deposit.

You should be held legally responsible, because you can't force it to do this, you just tell him directly.

The role of the deposit itself is to compensate the other party when you regret it, even if you don't want to trade, the deposit will also belong to the other party according to the law. Even if there is no formal contract, an oral contract has legal effect. That is to say, whether you want to trade or not, the deposit is already the property of the other party, and you will run away to rob if you take it.

It should be needed, after all, it's not right to force it.

Pass the law to get it back, 50,000 yuan is not a small amount, and it will not give you more losses. Defend your rights and get your money back, as it should.

Hello, if you don't want it, you can combine it with the sales department, and the deposit can be returned.

It mainly depends on how the agreement is signed. Do it according to the agreement.

This is a bit of a, I have met the sales staff who is looking for you to have a good talk. Yes, you can come back.

Is this the behavior of a child? Even if you're gone, there's information there, and it's not like you can't find someone.

Legal analysis: If the party who takes the deposit fails to perform the agreed debt, the deposit shall be returned double. "Deposit" is not a legal term and is usually included in the price of the main contract as an initial payment.

The "deposit penalty" applies to the security of the fixed metal in the main contract. That is to say, if the party who pays the deposit fails to perform the agreed debt, it has no right to demand the return 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 has no 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.

Legal analysis: (1) The act of collecting the deposit is not illegal, because it is the expression of the true intentions of both parties, and it is an oak and plum resource, and there is no obvious unfairness, no illegality, and no situation in which party is coerced.

2) The legal person of company A is to temporarily hand over the company's official seal to A for safekeeping, and A exceeds the authority to sign the contract, which is not within the scope of A's authorization, so the legal person is not responsible.

3) A super beam grinding late beyond the authority to sign the contract, but according to the situation, there is no loss, and the stock does not need to be responsible.

4) If Company A does not recognize this contract, it can apply for revocation, and if it decides to execute this contract after retrospective recognition, the contract is valid, and B breaches the contract, so B needs to pay liquidated damages. Company A is not liable.

In addition, it is illegal for B to find someone to restrict the legal person of Company A, and it is possible to request judicial assistance and apply for compensation.

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 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.

Strictly speaking, repentance after signing a contract is a violation of contract law, and the consequence of this illegal act is that the other party does not have to return your deposit.

If the deposit is in default, whether it can be refunded depends on the actual situation, if the party who pays the deposit defaults, then it is impossible to return the money, if the party who receives the deposit defaults, then it is necessary to return double the deposit, and the specific circumstances can be determined according to the specific determination of the deposit.

1. Can the deposit be refunded if the contract is breached?

If the deposit is breached, whether it can be refunded depends on the actual situation, if the party receiving the deposit is in default, the deposit must be returned twice, in addition, the deposit can not exceed 20% of the total amount of the contract, if it exceeds the specific provisions, the excess part is invalid, and the compensation cannot be doubled. If the party paying the deposit defaults, it is not entitled to a refund of the deposit. In addition, the deposit cannot exceed 20% of the total amount of the contract, and if it exceeds this specific provision, the excess is invalid.

Second, the characteristics of the deposit

1.The deposit has a subordinate property.

The deposit exists with the existence of the contract and is extinguished with the extinction of the contract.

2.The establishment of a deposit is practical.

The deposit is agreed by the parties to the contract, but only the parties agree on the deposit, and without the actual delivery of the deposit, the deposit guarantee cannot be established. The deposit can only be established if the parties to the contract actually deliver the deposit to the other party.

3.The deposit is paid in advance.

Only after the contract is formed and the delivery before the performance can it play the role of a guarantee. Therefore, the deposit is paid in advance.

4.The deposit is double-secured.

That is, to guarantee the claims of both parties to the contract at the same time. That is to say, if the party who pays the deposit fails to perform its debts, the deposit will be lost; If the party receiving the deposit fails to perform its debts, Kaihe shall return the deposit twice.

3. Conditions applicable to the deposit

1) The deposit contract is a real contract, which requires the actual delivery of the deposit.

If the deposit is not actually paid, the deposit penalty cannot be applied when one of the parties fails to perform the contractual obligations or does not conclude the main contract.

2) The main contract must be valid. Wangji.

This is determined by the subordinate nature of the deposit contract. If the main contract is invalid or revoked, the deposit penalty cannot be applied even if the parties have already delivered and received the deposit. However, the parties may agree that the validity of the deposit contract is independent of the main contract, that is, the main contract is invalid, but the deposit contract is not necessarily invalid.

3) The parties fail to perform their debts and there is no legal exemption.

The deposit is the cost determined when the two parties reach an agreement after signing the contract, which needs to be handled according to the opinions of both parties through negotiation, and if one party has a breach of contract, it needs to be handled according to the application of the agreed deposit, and if there is any objection to the relevant matters, it can be sued to the court to deal with it.

Article 115 of the Contract Law stipulates that the parties may, in accordance with the Security Law of the People's Republic of China, 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.

1. You have no other legal responsibilities except for the loss of the deposit.

2. The borrowing contract can be returned at the expiration date, and there is no necessary connection with the purchase and sale of goods.

Addendum: Made-to-order products are not much different from non-custom-made products. The loss of your deposit is the consideration payable for breach of contractual obligations.

Of course, unless there is a special agreement between the parties.

1. The deposit contract is established. Article 117 After the deposit is paid, the party who pays the deposit may terminate the main contract at the cost of losing the deposit in accordance with the contract, and the party receiving the deposit may terminate the main contract at the cost of returning the deposit double. The provisions of the Contract Law of the People's Republic of China shall apply to the handling of liabilities after the termination of the main contract.

2. After receiving the returned items, you can send a receipt.

Generally, it is a double compensation deposit, and there is no other liability. The second question is that you can simply tear up the contract or ask him to write you a return note.

1) Depending on the content of the contract and the damage caused to the other party, if the loss is less than 2000, there is no longer any liability.

2) The borrower can sign the repayment received and hand it to the repayer.

1. There is no need to bear any legal responsibility.

2. The two contracts can be destroyed in person, or you can ask the other party to write a receipt to prove the fact that you have returned them.

Impossible, right? Like listening to stories.

1) The contract was signed last year, the contract was broken in February, changed in April, and was not done in September? The agent probably starved to death or emigrated.

2) The owner did not provide the real estate certificate in February and has defaulted. Responsible for all your losses and brokerage fees.

3) The loan procedure before the transfer is commonly known as the "loan letter", which is either approved or not approved in 3 days or 7 days. The same loan can be delivered immediately. Is the intermediary bad like this? 3 days to do 3 months? Can't imagine and believe, conspiracy?

To determine the liability for breach of contract, one looks at the agreement and the other looks at the evidence. Who caused the overdue? Is there an extension?

If the landlord does not cooperate and the loan is slow, he defaults; If he repents of the extension, he breaches the contract; Other than that, you are in breach of contract;

If the loan is late and overdue due to your qualifications, certificates, etc., you are in default;

If you have a clear relationship with the intermediary, and the delay in approving the loan is indeed the fault of the intermediary (such as the loss of documents), the intermediary shall be liable for compensation to you.

Recommendations: (1) negotiate to continue the transaction; The best ending;

2) Negotiate termination; Get back the deposit and pay for each loss; It's also miserable;

3) Take the contract and evidence and find a local lawyer;

4) Remember to beat the owner of the bird afterwards.

I guess the truth is.

1) You have a dispute over taxes and fees, and across years, the business tax has changed, and you have been arguing;

2) There is a problem with your loan, the interest rate has been adjusted, the down payment has changed, and it is difficult to get a loan in the whole country before April;

3) There is a problem with your qualifications, otherwise it is impossible to apply for a loan in April and not approve it in June or July.

If you guess correctly, the liability for breach of contract lies with you, the deposit cannot be returned, and you will be liable for breach of contract and bear your own losses.

Unless it can be proven, before the landlord finally repents, agrees to default to the extension and wait for you to make the loan.

Find a good lawyer.

Yes because the contract is already in force.