As long as you pay the deposit and give the money first, it is difficult to get it back

Hello, first, the deposit paid for the purchase of the house The key to whether the deposit can be refunded lies in the negotiation with the developer on the conclusion of the commercial housing sales contract at the agreed time or the agreement when signing the subscription letter.

2. The deposit is a form of guarantee, which guarantees that the two parties will continue to negotiate on the conclusion of the contract for the sale and purchase of commercial housing at the agreed time, so as to promote the conclusion of the contract with the greatest sincerity. The deposit is to bind the parties to enter into an agreement on the conclusion of the sales contract at the agreed time, and does not force one party to enter into the contract.

3. 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 stipulates that: "If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if it fails to conclude a contract for the sale and purchase of a commodity house due to reasons attributable to 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. Therefore, there are three situations in which the deposit can be refunded:

1. If the deposit is paid, the two parties have negotiated on the content of the contract but cannot reach an agreement, resulting in the failure of the contract, the deposit penalty shall not apply.

2. If one party fails to negotiate within the agreed time limit or changes the contents of the subscription letter without reason, resulting in the failure to conclude the sales contract, the deposit penalty shall apply.

3. If one party has a legitimate reason due to force majeure, unexpected events or policy adjustments, the deposit penalty shall not apply.

Hope, thank you.

Reasonable, all the decorations in Beijing are like this. Please rest assured.

If you regret paying the deposit, you can terminate the contract with the other party through negotiation, or exercise the statutory and agreed right of termination. However, after the parties terminate the contract, unless otherwise agreed by the parties, the breaching party still needs to bear the corresponding liability for breach of contract.

[Legal basis].

Article 562 of the Civil Code.

The parties may terminate the contract by consensus.

The parties may agree on the grounds for one party to terminate the contract. The person with the right to terminate the contract may terminate the contract if the cause of rescission occurs.

Article 563.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of the debt or has other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Summary. Hello, happy to answer your <>

If the employer violates the provisions of the Labor Contract Law and collects the deposit from the employee, you can file a complaint with the labor administrative department where the employer is located. If an employer violates the provisions of this Law by collecting property from a worker in the name of guarantee or other means, the labor administrative department shall order the worker to return it within a specified period of time and impose a fine of not less than RMB 500 but not more than RMB 2,000 per person; If any damage is caused to the worker, he shall be liable for compensation.

Ask someone to refund the deposit.

Dear, please describe your problem more specifically, so that we can better help you. Senji sells the deposit to find who to refund, than this is as funny as the deposit you pay for the house, or the deposit of the Fengyin car <>

Pay a labor insurance deposit.

Hello, happy to answer your <>

If the employer violates the provisions of the Labor Contract Law and collects the deposit from the employee, you can complain to the labor administrative department where the employer is located. If the employer violates the provisions of this Law by collecting Qi Xun's property from the worker in the name of guarantee or other means, the labor administrative department shall order the employee to return it within a time limit and impose a fine of not less than 500 yuan but not more than 2,000 yuan per person; If any damage is caused to the worker, he shall be liable for compensation.

1. The Labor Contract Law stipulates that enterprises must sign labor contracts with employees. In fact, signing an employment contract is just a formality, and it is not very significant.

Because the "Labor Resistance Return Contract Law" stipulates: the employee resigns during the probationary period, 3 days in advance; During the contract period, if you submit it to the company in writing one month in advance, you can leave the company properly, so there is no need to worry about the labor contract for a few years. However, when signing an employment contract, it is important to pay attention to the content of the contract, including any additional clauses contained therein.

Some of the "supplemental terms" are for certain "special care" given to you by the company, and if you accept it, it may mean that you have to "reciprocate" honestly, and you have to consider the cost of leaving early. 2. Therefore, it is best to have no specific provisions for the labor contract to be signed for a few years, because the signing of the labor contract is voluntary by both parties, and it is enough to negotiate and sign it for a few years, and the contract can be renewed after expiration, and the resignation can also be submitted when the contract does not expire, but the terms in the labor contract should be carefully read and understood.

The refundable deposit is subject to availability. If the party who pays the deposit fulfills its obligations under the contract as agreed, the deposit is refundable; If the party who pays the deposit does not perform or does not perform the obligations in the contract as agreed, the deposit may not be refunded.

Legal basis: forelimbs

According to Article 586 of the Civil Code, which came into force on January 1, 2021.

The parties may make or 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.

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 who receives 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 double.

The deposit and deposit are non-refundable when the right holder fails to perform its contractual obligations. The deposit is to guarantee the performance of the creditor's rights, and if the party paying the deposit fails to perform its obligations, the deposit will not be returned; If the other party fails to perform its obligations, it can request a return and demand to bear the liability for breach of contract. The deposit is a statutory form of credit and insurance, and if the party who pays the deposit does not fulfill its obligations, it will not be returned; However, if the other party does not perform, it will need to pay twice the compensation.

Article 587 of the Civil Code stipulates that 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 comply with the regulations, resulting in the inability to achieve the purpose of the contract, it shall not have the right to demand 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 577 of the Civil Code: If a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578 of the Civil Code provides that if one of the parties expressly states or shows by its own conduct that it will not discuss the performance of its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

Legal analysis: the deposit may not be refundable, and it is necessary to determine whether it is a deposit or a deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where a debtor performs a 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 absorption and 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 double.

According to the relevant laws and trading habits of our country, the deposit is generally refundable in law. The deposit is a certain fee deposited by one party with the other party to ensure that its actions will not cause damage to the interests of the other party, and if the damage is caused, it can be paid according to the facts or compensated separately. After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded, but will be deducted in the event of a breach.

Article 403 of the Civil Code of the People's Republic of China provides that if the movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, they must not confront a bona fide third party. Article 420 of the Civil Code of the People's Republic of China: Where the debtor or a third party provides security property for the performance of a debt that will occur continuously within a certain period of time, and the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, the mortgagee has the right to be repaid in priority for the secured property within the maximum amount of the creditor's right. Article 578 of the Civil Code of the People's Republic of China: Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Legal analysis: the deposit may not be refundable, and it is necessary to determine whether it is a deposit or a deposit.

The legal basis is the former which Lu:

Article 587 of the Civil Code of the People's Republic of China 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 the debt or the performance of the debt does not conform to the agreement, resulting in the failure 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 as a deferred balance.