I paid the deposit, but the seller repented and didn t want to sell, what should I do?

You can ask the other party to return double the deposit. If the seller's repudiation causes certain losses to the counterparty, the counterparty can also request the seller to compensate the counterparty for the losses.

Legal analysisFor example, if a deposit of 50,000 yuan is paid, and the seller regrets not selling, he can ask the seller to return double the deposit of 100,000 yuan. If a liquidated damages of 110,000 yuan are agreed, you can choose to let the seller pay liquidated damages, and you can only choose one claim for liquidated damages and double deposit. At the same time, if the seller's breach of contract causes the loss of the other party to the contract, that is, the buyer, such as the house price **, the loss of 200,000 yuan for the purchase of the house, at this time, not only can the seller be required to return the deposit of 50,000 yuan, but also the seller can be required to compensate for the loss of 200,000 yuan.

Therefore, the buyer can claim the return of double the deposit, or the return of the deposit and the actual loss amount, which can only be chosen. Therefore, although the seller does not want to sell and does not perform its obligations, the buyer can claim a variety of legal remedies such as double return of the deposit, return of the deposit, compensation for actual losses, payment of liquidated damages, etc.

Legal basisArticle 588 of the Civil Code of the People's Republic of China Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit. "Civil Code of the People's Republic of China" Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in accordance with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

If the deposit is paid, the seller regrets not wanting to sell, and the deposit can be returned if there is no loss. If a loss has already been incurred, the amount of evidence of the loss should be recovered along with the deposit.

What if you pay a deposit and sell it but regret it and don't want to sell?

Generally speaking, there will be an agreement when the deposit is paid, so it must be done in accordance with the agreement, and the fixed word of the deposit is also very large, if it is a certain certainty, it must be compensated, if it is a reservation that there are still some other sayings, it can be said that the seller regrets that you have no way.

Therefore, before buying and selling, you must think of a detailed contract, and both parties must act in accordance with this, and if there is any regret, they will compensate the other party for their losses.

After paying the deposit, but the seller repents and does not want to sell, then the other party will first be asked to return three times the compensation. If the other party does not execute, you can directly call 12315 to complain.

If it is not something particularly important, or the deposit is given a refund, and there is not much loss, you can think differently.

After paying the deposit and the seller repents and does not want to sell, then the seller needs to pay liquidated damages according to the liability for breach of contract agreed in the contract.

According to the prior agreement, the defaulter shall pay a certain amount of liquidated damages.

Summary. Expansion and extension: If the merchant does not give a refundable deposit, he can first actively negotiate with the merchant, and if the negotiation fails, he can ask the industrial and commercial department to intervene in mediation or file a lawsuit with the court.

The deposit is used as security for the obligatory right, and after the party paying the deposit fulfills the obligation to pay the price, the party receiving the deposit shall return the deposit or discount the price. 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.

What should I do if I pay a deposit and don't want to buy it, but the seller doesn't refund it?

Hello, dear, I am Bai Yunqizhi, an expert in the field of life, and I am very happy to serve the people. At present, I have paid a deposit and don't want to buy it, what should I do if the seller does not return it? A:

Kiss, you can have a conversation with the merchant. 1.Show your attitude and actively negotiate with the merchant2

Ask the e-commerce platform or the industrial and commercial department to intervene 3Entrust a lawyer to solve the problem through legal means.

Expansion and extension: If the merchant does not give a refundable deposit, he can first actively negotiate with the merchant, and if the negotiation is not successful, he can ask the industrial and commercial department to intervene in mediation or sue the court. The deposit is used as security for the creditor's rights, and after the party paying the deposit fulfills its obligation to pay the price of the trembling potatoes, the party receiving the deposit shall return the deposit or discount the price.

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.

After paying the deposit for the purchase of the house, the homeowner repents, and the homeowner's behavior is a breach of contract. The buyer can ask the homeowner to continue to perform the contract, or terminate the purchase contract and demand a double return of the deposit and bear the liability for breach of contract. According to Article 587 of the Civil Code, 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 the debt or the performance of the debt 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 the debt or the performance of the debt does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double.

Article 5 of the Civil Code is amended by Article 187 of the Rolling Judgment Where 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.

How to deal with regret after paying the deposit: According to the relevant provisions of the Civil Code of China, if the party regrets paying the deposit, there are two possibilities for the deposit to be returned, that is, the party who received the deposit is in breach of contract and needs to return the deposit twice; or the two parties negotiate to terminate the contract, and the party that collects the deposit shall return the deposit received.

Article 580 of the Civil Code of the People's Republic of China provides that 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 deposit paid is more than the reputation or less than the agreed amount, it shall be deemed to have changed the agreed amount of deposit.

Article 587 of the Civil Code provides that if the debtor is judged to perform the debt prudently, the deposit shall be offset against the price or recovered. If the party who pays the fixed excavation rules 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.

After signing the contract and paying the deposit, can the seller regret not selling? I'll answer the question for you.

After signing the contract and paying the deposit, can the seller regret not selling?

Yes, the law provides for the exercise of the right to defend against uneasiness.

The right of uneasiness defense refers to the right to suspend the performance of the contract before the other party recovers the ability to perform or fails to provide security when the party performing first has definite evidence that the other party has lost the ability to perform the debt. The purpose of stipulating the right of uneasiness defense is to effectively protect the legitimate rights and interests of the parties, prevent fraud under the pretext of the contract, and urge the other party to perform its obligations.

Legal basisArticle 527 of the Civil Code [Right of Uneasiness Defense] The party who should first perform the debt may suspend performance if there is definite evidence to prove that the other party has the following circumstances:

(1) Serious deterioration of business conditions;

2) Transferring property or withdrawing funds to evade debts;

3) loss of business reputation;

4) There are other circumstances in which the ability to perform debts is lost or may be lost.

Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.

Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.

Article 528.

Exercising the right to defend against uneasiness] Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have indicated that it has not performed the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.