Can the purchase deposit be refunded, and how long does it take for the purchase deposit to be retur

As long as there is no contract with the developer, that is, there is no agreement on the nature of the money paid (the nature of the deposit), this "deposit" can be refunded. If the contract is signed and the nature of the deposit is not agreed, the refund will not be supported.

Legal basis] Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Security Law of the People's Republic of China": Article 118 Where a party pays a lien, guarantee, security deposit, contract money, deposit or deposit, etc., but does not agree on the nature of the deposit, the people's court shall not support the party's claim for the right to make a deposit.

When buying a house with a mortgage, you must wait until our title deed is completed and the mortgage procedures have been completed, and the loan deposit will be returned to the developer, and then the developer will return the money to the buyer within a week.

In fact, when buying a house with a mortgage, there is some entanglement of interests between the buyer, the developer and the bank. Now when buying a house with a mortgage, it is generally the kind of off-plan house that is purchased, that is to say, this kind of house cannot be used for the real estate certificate for the time being, so if you want to go to the bank for a loan, the bank must let the developer pay the corresponding loan deposit. As developers, they are definitely not willing to bear this part of the money, so in the end, we paid the money ourselves.

For the bank, if our real estate certificate has been handled in the future, then we can use this real estate certificate to complete our mortgage procedures, and the loan deposit we paid should be returned to us after this time.

Therefore, once our mortgage procedures are completed, then the bank will return the deposit to the developer as soon as possible, and it should be noted here that the bank only returns the money to the developer, and does not lack a chance to return it to us, because the deposit was paid in the name of the developer. Therefore, when this deposit will be in our own hands depends on the efficiency of the developer, but most developers generally promise to return all the funds within 7 days.

Even if you consider buying a house with a mortgage, then you can also go to the bank to apply for a loan without going through the developer. However, most people now apply for mortgage loans, they will still handle it through the developer, after all, it will be more convenient to apply for a loan through the developer, and the procedures in the middle are not so complicated, so many young people actually try to save trouble, and many young people go to apply for loans by themselves, and they really can't figure it out.

Legal Analysis: The purchase deposit is refundable. The security deposit serves as security for the creditor's right and can be refunded if the party paying the security deposit fulfills the debt.

In addition, if the deposit is used as a deposit, if the party receiving the deposit defaults, the party who paid the deposit may request a double refund.

Legal basis: Civil Code of the People's Republic of China

Article 586: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.

Article 587:Where the debtor performs its debts, 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.

Article 15 of the Contract Law of the People's Republic of China stipulates that the key and the certificate are as follows: if the party who pays 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 fulfill the agreed debt, the purchase deposit should be refunded double, reminding the buyer to think carefully.

What does the margin do.

1. Adapt to the characteristics of the construction market, adapt to the characteristics of the construction industry after signing the contract first, and implement the performance bond system, which can enhance the trust of the construction unit to the contractor, reduce the risk of the investor, and lay a good foundation for the cooperation between the two sides.

2. Ensure the standardization of the market operation of the bidding contractor, put an end to unreasonable bidding at a lower price, and implement the performance bond system, if the contractor who wins the bid is not implemented according to the cost of the contract, the construction unit can choose another draft Zheng Zheng Contractor, and the performance bond will not be returned to the original contractor, which will be used to compensate the tendering unit for the loss of the cost of another contractor.

3. Maintain the legal effect of the contract, ensure the normal performance of the contract, and the performance bond is a very powerful constraint for the bidding unit to win the contractor, which is conducive to the construction unit and the supervision unit to implement effective supervision and control over the contractor, prevent the reduction of the quality level of the project, and promote the contractor to perform the contract conscientiously.

4. It is conducive to the integration of China's construction market with the international market, and the performance bond is a practice of the operation of the international construction market, and the World Bank guidelines and ADB guidelines have corresponding provisions to protect the interests of domestic investors, so that China's construction market and the international market are synchronized in relevant regulations, and contribute to China's better participation in international competition.

Summary: The above is about whether the purchase deposit can be refunded, I believe everyone understands! The purchase deposit can protect the interests of both buyers and sellers, so it is best to pay the purchase deposit when buying a house.

The deposit is not the same as the deposit, the deposit is a paid mortgage for the guarantor to guarantee the debtor to the creditor to execute the debt, so can the deposit for the purchase of the house be refunded? Don't worry, let's find out!

1. Can the purchase deposit be refunded?

Whether the purchase deposit can be refunded depends on the specific situation, if it is the fault of the buyer, it cannot be refunded, and if it is the reason of the real estate developer, it can be refunded. If the contract for the sale and purchase of commercial housing cannot be signed 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 drafted due to reasons not attributable to both parties, the first person shall return it to the buyer.

2. What does margin mean?

Simply understood, it means that a certain amount of money is paid to ensure the performance of a certain obligation, and if either party repents, the observant party can demand a return from the other party, and the law provides as follows:

According to the provisions of the law or in accordance with the agreement of the parties, the following margin mortgage can be used to guarantee the performance of the debt:

1. The security deposit is a paid set-off charge for the guarantor to guarantee the debtor's execution of the debt to the creditor, and if the debtor does not execute the debt, the guarantor shall execute or bear joint and several liability according to the agreement; The guarantor has the right to recover from the debtor after the debt is executed.

2. If the debtor or a third party can provide a certain amount of property as collateral, i.e., the security deposit, and the debtor does not execute the debt, the creditor has the right to obtain repayment at a discount of the collateral or the price of the sale of the collateral in accordance with the provisions of the law.

3. One of the parties can give a deposit to the other party within the scope of the law, and after the debtor executes the debt, the deposit needs to be offset or recovered, and if the party who gives the deposit does not execute the debt, it has no right to demand the return of the deposit, and if the party who accepts the deposit does not execute the debt, the deposit must be doubled.

The purchase deposit is in the nature of a guarantee, and the agreement of the guarantee is attached to the main contract. If the obligations in the contract have been fulfilled and the guarantee liability is exempted, the security deposit is refunded.

The significance of the purchase deposit is as follows:

1. The security deposit is a paid mortgage for the guarantor to guarantee the debtor's performance of the debt to the creditor, and if the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability in accordance with the agreement;

2. The guarantor has the right to recover from the debtor after performing the debt;

3. One party may give a deposit to the other party within the scope prescribed by law, and after the debtor performs its debts, the deposit shall be offset against the price or recovered, and if the party giving the deposit fails to perform its debts, it has no right to demand the return of the deposit, and if the party accepting the deposit fails to perform its debts, it shall return the deposit twice;

4. If one party takes possession of the other party's property as agreed in the contract, and the other party fails to pay the amount payable in accordance with the contract, the person in possession shall have the right to retain the property, and the property shall be repaid in priority in accordance with the provisions of the law at a discount or with the price of the sale of the property.

To sum up, the purchase deposit will be returned to the property developer first, and the property developer will usually return this purchase deposit to the buyer within a week.

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 2% 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 paid by the Repentant Bridge is more or less than the agreed amount, it shall be deemed to have changed the agreed deposit amount.

Article 587.

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.