How much deposit do you usually pay to buy a house? Precautions for the purchase of a deposit

Precautions for paying a deposit for buying a house: first.

1. The deposit clause is not mandatory, it is only instructive, and the consumer can decide whether to enter into the deposit clause in accordance with the law; Clause.

2. The specific circumstances of non-performance of the contract shall be indicated in the deposit clause; Clause.

3. Although the deposit clause has been concluded, the contract will only take effect after the consumer has paid the deposit; Clause.

Fourth, it is necessary to distinguish the difference between the deposit and the advance payment, the advance payment is the advance payment, but the advance payment, the penalty of the deposit cannot be applied. Clause.

5. Beware of some developers taking advantage of the lack of knowledge and experience of home buyers to set traps on certain terms and conditions, and deliberately make consumers breach the contract. Clause.

6. Deposits and deposits are different in nature in law. According to the provisions of the Security 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. If the party receiving the deposit is unable to fulfill the agreement, the party who paid the deposit can only claim a refund of the deposit and cannot ask for a double return. Legal basis:

Article 115 of the Contract Law of the People's Republic of China stipulates that 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 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.

Many people will encounter some situations in their lives that require a deposit, but the deposit is generally not too much, and the same is true for buying a house, which also requires a deposit. It is common to pay a deposit for buying a house, and the deposit for buying a house cannot be refunded in some cases, so buyers need to be extra careful when paying the deposit, so how much deposit do buyers pay to buy a house? What are the precautions for paying a deposit when buying a house?

How much deposit to pay to buy a house.

A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion or performance of a contract. The deposit in a housing transaction refers to the amount of money paid by the buyer to the developer before the parties conclude the contract or pay for the house.

According to the Guarantee Law of the People's Republic of China, 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. In practice, the amount and proportion of the deposit are set by the developer, but the proportion of the deposit must not exceed 20% of the total housing payment.

Special note: Not all deposits are non-refundable. Article 22 of China's "Measures for the Administration of Commodity Housing Sales" stipulates that 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.

What are the precautions for paying a deposit when buying a house?

1. The agreement must be signed to pay the deposit.

When paying the deposit, you must sign a deposit agreement or purchase agreement with the developer, and you can't just promise it verbally, even if you pay the deposit. If no agreement is signed, the deposit has no legal effect.

2. Distinguish between the deposit and the deposit.

The deposit is not a legal concept, in fact, it has the nature of an advance payment, is a means of payment for the parties, and does not have the nature of a guarantee, so the branch shed does not have the effect of the deposit penalty.

A deposit is a normative legal concept, which is a form of security voluntarily agreed upon by the parties to a contract to ensure the performance of the contract. In the commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer fails to perform the contract, he has no right to demand the return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double. When signing the subscription letter, you should see clearly what kind of money is written on the subscription letter, so as not to be unable to protect your own rights and interests.

3. Write the refund deposit into the agreement.

When buying a new house, whether the deposit can be refunded has become a concern for most buyers. If there is no guarantee that the transaction will go smoothly in the future, the relevant terms of the deposit refund will be written into the agreement when the agreement is signed. Resolve the issue in accordance with the provisions of the agreement to avoid unnecessary disputes.

With the development of the real estate market, we need to pay attention to more and more rules when handling the purchase procedures, although some rules are not expressly stipulated, but have become an unspoken rule in the industry, such as the deposit for the purchase of a house, according to the relevant laws, the deposit for the purchase of a house is not required, but when buying a new house, if you do not pay the deposit, you may be bought by others, so how much should you pay for the deposit to buy a house? What should I pay attention to when paying a deposit for the purchase of a house?

How much does a deposit need to be paid to buy a house?

For the transaction of the purchase deposit, there is usually no minimum limit, but there is a maximum limit for the purchase deposit, and the buyer should pay attention to the proportion of the purchase deposit can not violate the provisions of the law. The Security Law stipulates that 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 who received the envy Li Jianjin fails to perform the agreed debt, the deposit shall be returned double.

What should I pay attention to when paying a deposit for the purchase of a house?

1. Investigate the background of the developer.

Although we choose the house, but in fact, if you buy a house now, you also have to look at the strength of the developer, buyers should understand the developer's information from multiple aspects and channels before paying the deposit, at this time, you can check the developer's information online, or go directly to the construction site to check the actual situation, to see if there are workers to build, whether the construction period of the house is normal, whether it is within the control of reasonable progress, whether there is an express announcement, etc., if you find suspicious or opaque information, You should choose to suspend the purchase of a house, and don't take chances.

2. Look at five certificates and two books.

In addition to inspecting the background of the developer, for some documents that the developer should have, the buyer should also make sure that the developer has already obtained the early insurance, such as five certificates and two books, including state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit, and commercial housing pre-sale license. The second book includes the residential quality assurance certificate and the residential instruction manual. Buyers should check whether the items on these certificates match the name of the project in which the house is located; Whether the purchased home is within the scope indicated in these certificates.

3. Pay attention to the nature of the property.

Different types of houses, loan procedures and down payment are different, and there will be more impacts, the most important of which is that it will affect the normal transaction of the property. If the house itself cannot be traded, the deposit can easily not be recovered, so be sure to confirm the nature of the property. If you are buying an off-plan property, you have to ask the developer to show the pre-sale brother pants permit, and if it is an existing house, you have to ask the developer to show the title deed.

4. Pay attention to the deposit agreement.

Although paying a deposit is not a necessary step in the purchase process, if the buyer pays the deposit, then it is necessary to pay attention to signing the deposit agreement. When paying the deposit, you must sign a deposit agreement or purchase agreement with the developer or seller, and you can't just promise it verbally. Because if there is no agreement, the deposit has no legal effect.