Can the sales department refund the deposit of 20,000 yuan?

The deposit paid for the purchase of a house is a non-refundable deposit. Only in the event of a breach of contract by the developer can the developer be required to return double the deposit.

According to 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 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 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 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 588:Where the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause.

The sales department paid a deposit of 20,000 yuan to see who defaulted, the buyer defaulted, the deposit could not be refunded, and the sales office defaulted, and the deposit could be refunded.

The sales department paid a deposit of 20,000 yuan and it can be refunded. According to the relevant provisions, 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. One of the parties may pay a deposit to the other party within the scope prescribed by law.

After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform its debts, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform its debts, it shall return double the deposit. Accordingly, whether the deposit for subscribing to commercial housing can be returned mainly depends on the degree of fault of both parties, that is, the reason for not signing the contract in the end.

If it is the fault of the buyer, if the payment is not made within the specified time, the subscription deposit will not be refunded; If it is the fault of the seller, such as the quality of the house, the sale of one house and two houses, etc., the seller not only needs to return the deposit, but also needs to bear the liability for compensation. Hope it helps.

Legal Analysis: "Deposit" is a form of security taken for the purpose of concluding a contract or performing a contract. If the "deposit" is made for the conclusion of the contract, the developer shall refund or offset the "deposit" as the payment for the house, regardless of whether the purchase contract is finally concluded or not; If the "deposit" is set up for the performance of the contract, the purchase contract is a sales contract, the sales contract is the main contract, and the guarantee contract is a subordinate contract.

Legal basis: Article 22 of the Administrative Measures for the Sales of Commodity Housing does not meet the conditions for the sale of commercial housing, the real estate development enterprise shall not sell the commercial housing and shall not charge the buyer any fees in the nature of reservation money.

If the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the buyer with a fee in the nature of reservation money before entering into a contract for the sale and purchase of commercial housing, the fees charged shall be offset against the price of the house price when the contract for the sale and purchase of commercial housing is concluded; If the parties fail to conclude a contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fees charged to the buyer; Where there is another agreement between the parties, follow the agreement.

Under normal circumstances, the deposit is non-refundable, and it can only be refunded if there is a breach of contract with the developer. A deposit is different from a subscription deposit in that it is a guarantee for the performance of a contract. Because according to the provisions of the General Principles of China's Civil Law and the Guarantee Law, one party to the contract may pay a deposit to the other party as a guarantee for the performance of the contract.

If the buyer changes his mind after paying the deposit and decides not to buy, the developer has the right not to refund the deposit on the grounds that the buyer is in default.

Summary. Under normal circumstances, the deposit is non-refundable, and can only be refunded if the developer defaults.

Under normal circumstances, the deposit is non-refundable, and can only be refunded if the developer defaults.

A deposit is different from a subscription deposit in that it is a guarantee for the performance of a contract. This is because according to the provisions of the General Principles of the Civil Law and the Guarantee Law, one of the parties to the contract may pay a deposit to the other party as a guarantee for the performance of the contract. If the buyer changes his mind and decides not to buy after paying the deposit, the developer has the right not to refund the deposit on the grounds that the buyer is in default.

1. The developer has no sales qualifications because according to the provisions of China's "Measures for the Administration of Commodity Housing Sales", 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". For example, if the five certificates are incomplete, and individual developers sell the house in advance without a pre-sale certificate, then the deposit can be refunded in this case.

2. The developer conceals the situation of the house itself, violating the principle of fairness and good faithIf you don't want to buy the first house because the developer has fraudulent investigation and other behaviors, or the two parties cannot negotiate the terms of the contract when signing the purchase contract, then in this case, the developer should also refund the purchase deposit.

The sales department is provided by major developers when they sell houses, and they are specially designed to welcome buyers as a reception place, and they will also open model rooms nearby for reference. So, can the sales department refund the deposit of 20,000 yuan? How to make the sales escort sales department quickly refund the deposit?

The deposit of 20,000 yuan paid for the purchase of a house is generally non-refundable, but it can be refunded in the following cases.

1. The developer does not have a sales license or property right certificate, and does not have the qualification to sell commercial housing, resulting in the inability to reach a purchase contract.

2. The developer has committed fraud, such as reselling the subscribed house to others.

3. There is no agreement on the terms of the contract. If the seller's statement of the housing information is vague, the main terms of the contract cannot be determined, or the seller modifies the conditions in the subscription letter, such as the area of the house, **, etc.

4. Neither the buyer nor the seller is at fault, but the contract for the sale and purchase of commercial housing has still not been concluded. If the commercial housing project fails to be constructed or fails to be constructed according to the original agreement due to the reasons of a third party or natural disasters.

It is necessary to collect evidence in one's favor, such as the developer of Silver Crack signed the contract without obtaining the pre-sale permit, or the development delayed the delivery of the house for more than 90 days, and then claimed that the developer breached the contract or the contract was invalid, and then asked the sales department to return the deposit. Because the deposit has legal effect, it is generally not possible to claim a refund of the deposit without sufficient evidence.

According to the specific provisions of the contract, if the other party has fraud, you can negotiate with the buyer to terminate the contract and return the property. If the negotiation fails, the parties may file a civil lawsuit with the court to request the revocation of the house sale contract.