Can the developer s mortgage deposit be refunded? Can the deposit be refunded for the shop mortgaged

The developer's mortgage deposit can be refunded. The deposit is a guarantee that the parties agree to pay a certain amount of money to the other party in advance in order to ensure the performance of the debt, and the party receiving the deposit shall compensate twice the deposit for breach of contract. Legal basis: Article 586 of the Civil Code 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 the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Article 587:Where the debtor performs its debts, the deposit shall be offset against the price.

There are several situations in which the deposit can be refunded: If the buyer asks to move out because the terms of the contract are not agreed, the developer will generally refund the deposit directly to the buyer. If the developer does not return, the buyer can file a complaint with the Housing and Urban-Rural Development Commission.

The developer's incomplete "five certificates" when selling the house is itself an illegal act.

The law clearly stipulates that if the developer deliberately conceals the fact that the house has been mortgaged, resulting in the contract being invalid or revoked or dissolved, the buyer may require the developer to return or even double the deposit. The specific provisions are that if the seller enters into a contract for the sale and purchase of commercial housing under any of the following circumstances, resulting in the contract being invalid or revoked or dissolved, the buyer may request the return of the paid housing price and interest, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the paid housing price: (1) deliberately concealing the fact that the commercial housing pre-sale license has not been obtained or the false commercial housing pre-sale license has been provided; (2) Deliberately concealing the fact that the house has been mortgaged; (3) Deliberately concealing the fact that the house has been given to a third party or that the house has been resettled for demolition compensation.

Article 9 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 Contracts for the Sale and Purchase of Commercial Housing.

Articles 157 and 587 of the Civil Code of the People's Republic of China.

Legal analysis: Whether the shop mortgaged by the developer can refund the deposit depends on whether it meets the conditions for returning the deposit as stipulated by law. If the developer violates the agreement and does not sign the contract after receiving the deposit, then the deposit should be returned double.

Legal basis: Article 587 of the Civil Law of the People's Republic of China Article 587 If the debtor performs the debt, the deposit shall be offset or recovered in advance. 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: After paying the deposit, the house is mortgaged by the developer, and the developer can be asked to return the deposit. If the time limit for signing a formal contract is agreed upon at the time of payment of the deposit, the developer may be required to perform the obligation to sign the contract within the agreed time limit; If the developer still has not signed the contract after the expiration of the term, it can claim to terminate the contract, and the developer will return the deposit and the down payment twice; It is also possible to sue the developer in court to ask the developer to sign a contract.

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

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

1. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of the contract, which can be handled in accordance with the contract. 2. If the negotiation cannot solve the problem in this case, the corresponding materials should be prepared to raise the lawsuit to the court, and the malicious breach of contract by the landlord violates the provisions of the Civil Code, and the landlord can not only ask for the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.

Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law of the World Liquid in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing stipulates that if the buyer makes payment in the form of a secured loan and fails to conclude a loan contract secured by the commodity housing due to the reasons of one of the parties, resulting in the inability to continue to perform the contract for the sale and purchase of the commercial housing, the other party may request to terminate the contract and compensate for losses. If the contract for the sale and purchase of commercial housing cannot be continued due to reasons not attributable to both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and the interest or deposit received to the buyer.