Can I get a refund after paying a deposit and signing a subscription letter to buy a house?

In the process of buying a house, a subscription letter was signed, which was a deposit.

is non-refundable and can be used as a price. According to the Guarantee Law of the People's Republic of China.

Article 89 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. 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 90 The deposit shall be agreed upon in writing. The parties shall stipulate in the deposit contract the time limit for the payment of the deposit. The deposit contract is effective from the date of actual payment of the deposit.

Extended information: In the process of buying a house, if you sign a subscription letter, you cannot ask for a refund of the deposit if you do not want to buy, and the buyer must continue to perform the contract in accordance with the agreement of the subscription letter. Because the subscription letter is equivalent to a contract, it is legal and valid.

Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts provides that the parties sign a letter of subscription, a letter of order, a letter of reservation, a letter of intent and a memorandum of understanding.

If one party fails to perform its obligation to conclude a sales contract, the other party shall request it to bear the liability for breach of the reservation contract.

If you pay a deposit to buy a house and fill out a subscription form, you can check out, because buying a house is free, and if you are not suitable, you can want to take the house, and you can return it if you apply.

No. After paying a deposit and signing a subscription letter to buy a house, it cannot be refunded, because the deposit is usually guaranteed and protected by law, and the commitment must be fulfilled in accordance with the regulations. If you want to get a refund of the deposit, it is usually because the party receiving the deposit has not fulfilled the agreement, and the buyer can also claim double the compensation.

A: According to the provisions of the National Contract Law, if you buy a house and pay a deposit to sign a subscription, if you want to check out, then the deposit will be deducted.

After signing the subscription letter and paying the deposit, if you do not want to buy it, you cannot ask for a refund of the deposit, and the buyer must continue to perform the contract in accordance with the provisions of the subscription letter. Because the subscription letter is a contract, it is legal and valid. Article 2 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts provides that if a party signs a reservation contract such as a subscription letter, an order letter, a reservation letter, a letter of intent, a memorandum, etc., and agrees to conclude a sales contract within a certain period of time in the future, and one party fails to perform its obligation to conclude a sales contract, and the other party requests that it bear liability for breach of contract in advance contract or request that the reservation contract be terminated and claim damages, the people's court shall support it.

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 4 Where the seller accepts a deposit from the buyer as a guarantee for the conclusion of a contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of a commodity house 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.

Article 5 The subscription, ordering, reservation and other agreements of commercial housing have the main content of the commercial housing sales contract stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be recognized as the commercial housing sales contract.

It can be returned. However, if you violate the contract, the deposit will not be refunded to you. This law also supports the other side.

Sign the subscription letter and pay the deposit, if there is no breach of contract, it can be refunded. If either party unilaterally breaches the contract and needs to return the deposit, the deposit shall be doubled; Due to special circumstances, such as policy changes, the deposit can be refunded if the business contract cannot be signed due to natural factors; If the agreement and supplementary agreement cannot be reached and the contract cannot be signed, the deposit shall not be attributed to either party, and the deposit shall be refunded, and the deposit shall not be refunded in other circumstances.

Legal basis: Article 586 of the Civil Code 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.

Article 587 of the Civil Code: Where the debtor performs its debts, 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.

Article 588 of the Civil Code: Where the parties agree on both liquidated damages and a deposit, the other party may choose to apply the liquidated damages or the 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.

No. After buying a house and signing a subscription letter and paying a deposit, it is basically impossible to return, because the deposit has the nature of a guarantee and is protected by relevant laws, and it needs to be fulfilled in accordance with its provisions to fulfill the agreement.

Answer: The deposit has been paid, but when the formal contract has not been signed, you can negotiate with the developer, if the developer agrees, you can refund, if you do not agree, you can not refund. Contracts can be oral, written, and others. Once a contractual relationship has been established, it cannot be broken at will.

If you haven't signed a subscription form, you shouldn't have fixed which house to buy, so you can negotiate a solution.

Question: Can the deposit be refunded?

The amount of the answer 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.

Therefore, if you cannot sign the subscription letter due to your own reasons, the deposit will not be refunded. However, you can negotiate with the developer to see if the other party is willing to help you change the floor.

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It is not necessary to buy a house after signing the subscription letter, but the purchase deposit agreed in the subscription letter cannot be refunded. The subscription letter and the purchase contract are the relationship between the reservation and the contract, and if the reservation contract is signed, the agreement may not be established. Therefore, it is not necessary to buy a house after signing the subscription letter, but both parties must fulfill the obligation to negotiate in good faith until the agreement is established.

However, the deposit paid in the subscription letter is effective and protected by law, and the buyer cannot ask the developer to return the purchase deposit if the contract cannot be signed due to the buyer's reasons.

Article 115 of the Judicial Interpretation of the Security Law of the People's Republic of China.

If the parties agree to use the down payment deposit as a guarantee for the conclusion of the main contract, and the party who pays the deposit refuses to enter into the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.

Article 4 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.

If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude the commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; 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. “

The deposit can not be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contractual obligations, it has no right to request the return of the deposit, and if the party receiving the deposit does not perform the contractual obligations, the deposit will be returned double.

Article 587 of the Civil Code of the People's Republic of China [Deposit Penalty Provisions] If the debtor is absent from performing the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform its debts or the blind party fails to perform the debts in accordance with 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 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.

Hello, dear. 1. If the buyer does not continue to sign the purchase contract within the time specified by Hemin Shitong, it is a violation of the buyer's contract, and the deposit will not be returned. If the seller fails to formally sign the contract by reselling the subscribed property to others within the time limit specified in the subscription letter, the seller is in breach of contract and shall return double the deposit.

2. If the conditions confirmed in the contract are not signed by both parties, such as **, room number, area, etc., it will be deemed as a breach of contract. If the buyer defaults, the deposit will not be returned, and the developer will default and the deposit needs to be doubled. 3. If the buyer and the developer complete the purchase within the required time limit, the deposit can be used as the property payment or withdrawn after the buyer performs the contract.