After buying a house and paying a deposit, how long does it take for the developer to agree to a ref

Generally, it can be refunded within 15 working days. If you do not return it, you can ask for liability for breach of contract.

There are several ways to bear the liability for breach of contract.

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages. Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3) Continued fulfillment. Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

Other remedies. Article 111: If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Isn't it true that the deposit will not be refunded?

Legal Analysis:1The developer agrees to refund the deposit, and the deposit can generally be received within about 15 days.

2.However, the actual date of arrival needs to be determined in combination with the actual situation, because the legal norms only stipulate the circumstances under which the deposit needs to be returned, but do not stipulate the time limit within which the deposit needs to be returned.

Legal basis: 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 Article 4 Where the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, order, reservation, etc., if the contract for the sale and purchase of commercial housing is not concluded due to the reasons of 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.

Generally speaking, the deposit cannot be refunded, but the deposit can be returned if it meets certain conditions, and there are usually two possibilities for refund: first, the party that collects the deposit breaches the contract and needs to return the deposit twice, and second, the two parties discuss the termination of the contract, and the party that collects the deposit will return the deposit. Deposit refers to a certain amount of currency or other substitutes agreed by the parties to be paid by one party to the other party in advance before performance in order to ensure the realization of the creditor's rights.

Article 586 of the Civil Code of the People's Republic of China stipulates that one party shall pay a deposit to the other party as security for the obligatory 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.

Legal Analysis: Yes, the parties are self-conscious. However, if you are the buyer who has paid the deposit, you are not entitled to a refund of the deposit if you move out.

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

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.

Legal analysis: If it is for personal reasons, you can check out after paying the down payment and not signing the contract, but this is a unilateral breach of contract, but the deposit paid before cannot be returned. If it is due to the developer, you can also check out after paying the down payment and not signing the contract.

The legal conditions for check-out include, in general, the following:

1. The purchase contract is invalid

In practice, the common circumstances that cause the invalidity of the purchase contract are: the developer does not have the right to dispose of the property; There is fraud on the part of the developer.

2. Check-out caused by nesting error:

If the type of pre-sale house priced by set (unit) is inconsistent with the design drawings, or the relevant dimensions exceed the agreed error range, and the contract does not stipulate the way to deal with it, the buyer can move out.

3. Area error leads to check-out:

The absolute value of the error ratio of the actual delivered area of the house is more than 3% (excluding 3%) compared with the original contract.

4. Change planning and design lead to check-out:

Without the approval of the relevant departments, the developer changes the structure of the house and the supporting environment agreed in the contract; The developer has approved the change in the structure of the house without the approval of the buyer.

5. Unqualified quality leads to check-out:

If the quality of the main structure of the house is unqualified and verified by the entrusted engineering quality inspection agency in accordance with the relevant regulations, the buyer has the right to move out.

Legal basis: Article 14 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 Commercial Housing Sales Contracts Article 14 If the buyer fails to obtain the certificate of ownership of immovable property within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:

1) the time limit for the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing;

2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.