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You can directly ask the person who received the deposit to refund the money.
The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.
In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.
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If you regret paying the deposit for buying a house, the deposit will not be refunded.
If the party who received the deposit regrets not signing the purchase contract, then the deposit should be refunded double.
According to Article 587 of the Civil Code, which came into effect in 2021, 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 provisions of the contract, 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.
Therefore, if you regret paying the deposit for buying a house, the deposit will not be refunded.
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Legal Analysis: Refund of Deposit in Case. First, because the developer does not have the qualifications to sell commercial housing or there are major problems in the quality of the house, if the buyer wants to refund the deposit, it is legally allowed.
In addition, there are other reasons attributable to the developer or a third party force majeure, and the buyer can also ask for a refund of the deposit, such as the developer deceiving the buyer, selling the house that does not match the actual situation, or the buyer is unable to buy the house due to the influence of the policy. The second is the situation that the deposit cannot be refunded, if the buyer does not want to buy the house for his own reasons and wants to return the deposit, there is no statutory reason for returning the deposit. In this case, the buyer will not be eligible for a refund of the deposit, and the deposit will be forfeited by the developer.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Dispute Cases Article 4 If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons that cannot be attributed to both parties, the seller shall also return the deposit.
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The role of the deposit is to ensure the smooth progress of the contract. There are two main types of deposits: (1) the deposit before signing the formal purchase contract.
The deposit paid before the formal purchase contract is signed, also known as the deposit deposit, refers to the deposit paid to ensure the conclusion of the formal contract. If the buyer pays a deposit but does not want to buy a house, then the developer can not refund the deposit. If the developer collects a deposit but does not sell the house, the deposit must be doubled.
However, if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the buyer may request a refund of the deposit. (2) The deposit agreed in the contract for the sale and purchase of commercial housing. The deposit agreed in the formal purchase contract is generally divided into two situations: one is to release the deposit; The other is a deposit for breach of contract.
The legal consequences of a deposit vary depending on the nature of the deposit. 1. If the contract stipulates that the contract is a deposit for termination, after the deposit penalty is applied, the contract shall not be required to be compulsorily performed, but when the loss of the contract is greater than the amount of the deposit compensation, the other party may also be required to bear the liability for damages. 2. If the contract stipulates a deposit for breach of contract, after the deposit penalty is applied, you can choose to continue to perform the contract or choose to terminate the contract, and when the loss of contract termination is greater than the amount of the deposit compensation, the other party can also be required to bear the liability for damages.
Legal basis: Article 115 of the Contract Law of the People's Republic of China [Deposit] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights in accordance with the Security Law of the People's Republic of China. After 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 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. Article 89 of the Security Law 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. 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.
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Generally, no. According to the current legal provisions, the deposit for the purchase of the house agreed in the purchase letter is protected by law. In other words, if the buyer cannot sign the purchase contract due to the buyer's reasons, then the developer does not need to return the deposit.
Therefore, it is not necessary for the buyer to buy a house after signing the purchase agreement, but if the buyer does not buy the house, then the purchase deposit will not be refunded. Generally speaking, the house purchase letter is also called the letter of intent to buy a house, which is a written agreement signed by a real estate developer and a buyer who intends to buy a house before the house is officially sold, and it is the common practice of most real estate development companies in the sale and purchase of houses.
Article 587 of the Civil Code 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 change the purpose of the contract to the real rollover, the deposit shall be returned double.
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It can be refunded, because China's "Guarantee Law" stipulates that the deposit should be agreed in writingIt shall not exceed 20% of the standard amount of the main contract. Once the parties have agreed on the deposit in writing and actually paid the deposit, the corresponding legal consequences will arise.
As a kind of guarantee for the performance of the contract, the Guarantee Law stipulates that the guarantee contract (i.e., the deposit clause) is a subordinate contract of the main contract, and if the main contract is invalid, the deposit clause is invalid (if otherwise agreed, it shall be agreed). In other words, if the contract contains no money, the deposit clause is also invalid, and the party receiving the deposit should return the deposit.
If the main contract is invalid due to the fault of one party, the at-fault party shall bear the corresponding civil liability and pretend to be early instead of confiscating or returning the deposit twice.
Deposit is a standardized legal concept, which is a form of guarantee voluntarily agreed upon by the parties to ensure the performance of the contract. In a commercial housing transaction, after the buyer performs the contract, the deposit shall be offset against the price or recovered; If the buyer does not perform the contract, he has no right to demand a return of the deposit, and if the developer does not perform the contract, the deposit shall be returned double.
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You can check out after paying the purchase deposit. One party may move out by agreement with the other party, or serve a notice of departure on the other party after the termination conditions agreed in the contract or statutory have occurred, and notify the other party to terminate the house sale contract upon arrival at the other party. The deposit does not have the nature of a guarantee for the deposit, and if the party who delivers and receives the deposit fails to perform its contractual obligations, there will be no legal consequences of losing the deposit penalty or returning the deposit twice.
[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 who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
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.
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Summary. Hello dear, in general, the deposit is paid when the subscription is signed, and the down payment is paid when the contract is signed. The deposit is made for you to pay when you choose the **, and when you choose the **, the developer will notify you to sign the purchase contract and pay the down payment, at which time you have to pay the deposit is counted.
The party who pays the deposit has no right to demand the return of the deposit if it fails to perform the contract or the agreed debt; If the party receiving the deposit fails to perform the contract or the agreed debt, the deposit shall be returned double.
Hello dear, I am happy to answer your <>
If you buy a house, you can pay a deposit and you can refund <>
According to the relevant regulations, the party who pays the deposit does not perform the contract or agrees to roll over the debt without the right to demand the return of the deposit, and if the party who accepts the deposit does not perform the contract or the agreed debt, it should call the pants to return the deposit.
I didn't sign any contracts.
Hello dear, in general, the deposit is paid when the subscription is signed, and the down payment is paid when the contract is signed. The deposit is what you pay when you choose, and when you choose, the developer will notify you to sign the purchase contract, pay the down payment and regret the balance, and then you have to pay the deposit is counted. The losing party who pays the deposit has no right to demand the return of the deposit if it fails to perform the contract or the agreed debt; If the party who accepts the deposit fails to perform the contract or the agreed debt, the deposit shall be returned double.
Why do you want a presumptive payment?
I wasn't afraid I didn't think about it so much at the time.
Did you negotiate with the other party?
The other party does not retreat. Is it an agent or a developer?
Mediator. When is the deposit paid?
There is no evidence such as a contract to sue for recovery.
Two hours ago, I told him to quit in less than an hour, and they said they couldn't.
There's no verbal agreement either, is there?
Yes. In this case, you can sue or invest, and you will get your deposit back.
How much deposit did you pay?
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Summary. Dear, hello, if the deposit can be refunded after buying a house, and both parties perform according to the contract, the deposit should be offset as the price or returned; If the business contract cannot be signed due to special circumstances and natural elements, or the agreement and supplementary agreement cannot be reached and the contract cannot be signed without being attributed to either party, the deposit can be refunded when checking out; If the buyer unilaterally breaches the contract and checks out, the deposit can be refunded; If the seller unilaterally breaches the contract and checks out, the deposit can be refunded twice.
Dear, hello, if the deposit can be refunded after buying a house, and both parties perform according to the contract, the deposit should be offset as the price or refunded as a return; If the business contract cannot be signed due to special circumstances and natural elements, or the agreement and supplementary agreement cannot be reached and the contract cannot be signed without being attributed to either party, the deposit can be refunded when checking out; If the buyer unilaterally breaches the contract and checks out, the deposit can be refunded; If the seller unilaterally breaches the contract and checks out, the deposit can be refunded twice.
pro, 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 shall be concluded when the deposit is actually paid. 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 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 double.
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