The deposit for buying a car stipulates the time for the deposit to be refunded, but what should I d

The deposit is non-refundable, but if it is a deposit, it should be refunded.

According to the relevant provisions of the Guarantee Law, the parties to the deposit may agree that one party shall pay the deposit to the other party as security. After the performance of the debt, the deposit shall be offset against the price or recovered. If the party paying 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 perform the agreed debt, it shall return the deposit twice.

The deposit shall be agreed in writing.

The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

The deposit is generally regarded as the payment of the deposit. An advance payment is a means of payment whose purpose is to address the working capital shortfall of one of the contracting parties. The advance payment does not have the effect of guaranteeing the performance of the debt, nor can it prove the formation of the contract.

If the party paying the deposit is in breach of contract, if there is no contrary agreement in the agreement, it may request a refund of the prepaid amount; If the party receiving the advance payment defaults, it is only required to return the money received, and does not need to return it twice.

There is no clear provision in the law on "deposit", which can generally be regarded as "advance payment". The validity of the "deposit" depends on the agreement of the parties. If there is no agreement between the parties, the nature of the "deposit" is mainly an advance payment, and the seller shall refund it unconditionally when it breaches the contract; When the buyer defaults, it can negotiate with the seller to settle the problem and ask the other party for a refund.

If the parties agree otherwise, the agreement shall be followed. Therefore, you should negotiate with the other party. However, if you pay a deposit, it will be very different.

"Deposit" means that the buyer pays a certain amount of money to the seller in advance to ensure the performance of the contract. If the contract is a "deposit", according to the relevant provisions of the Contract Law, when one party breaches the contract, the two parties shall agree to execute it according to the agreement; If there is no agreement, when the seller breaches the contract, the "deposit" will be refunded twice; In the event of a breach of contract by the buyer, the "deposit" will not be returned. The total amount of the "deposit" shall not exceed 20% of the subject matter of the contract.

Whether the deposit is refundable or not needs to be discussed on a case-by-case basis. Because the deposit has a double guarantee, its nature is liquidated damages. Therefore, if the shirt is in breach of contract, then the deposit is generally non-refundable.

If the breach of contract is preceded by another person, the consumer can claim compensation for the loss and double the return of the deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China 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 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.

Legal Analysis: 1. Lodge a complaint with the local industrial and commercial department or the Consumer Council.

These departments will reply within 20 working days after acceptance, and will assist you in negotiating a solution with the 4S store.

2. Complain about the complaints of automobile manufacturers.

Generally, the manufacturer will feedback to the person in charge of the 4S store within 2 working days after receiving the complaint, although the manufacturer has close contact with the 4S store, but at least it can arouse the attention of the person in charge of the 4S store.

3. Before the delivery date of the contract letter of intent to buy a car, send a "Notice of Refund of Deposit for Car Purchase" to the 4S store with postal EMS, and the recipient writes the legal representative of the 4S store.

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 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: The deposit paid for buying a car is generally not refundable. If the party itself breaches the contract, the deposit cannot be refunded, but if the party selling the car is in default, the party can request a double return of the deposit, or compensation for losses and a refund of the deposit.

The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights.

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

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.