How to refund the regret after paying the deposit after buying a house, can I refund it if I regret

Legal analysisIf the buyer asks to move out because of the unagreed terms of the contract, the developer and seller will generally refund the deposit directly to the buyer. If the developer and seller do not return, the buyer can file a complaint with the Housing and Urban-Rural Development Commission. It should be noted that the contract must be signed within the time limit agreed in the subscription letter, and this must be proved in order to refund the deposit.

This can be proved by the buyer's record of the amendments made by both parties during the negotiation of the terms of the contract, or by the recording of the conversation between the parties. In most housing purchase contracts, the ** policy will also be clarified as force majeure, and when the contract cannot be carried out due to this reason, the two parties can negotiate to terminate the contract, and the two parties will not bear the relevant liability for breach of contract. For projects without a sales license or property right certificate such as internal subscription, because they do not have the sales conditions, the deposit can be refunded in any case, without doing a lot of evidence collection work, if the developer does not refund the deposit, it can be sued directly.

Legal basisArticle 587 of the Civil Code of the People's Republic of China 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:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or 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.

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.

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.

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.

The deposit of the house can be refunded: if both parties perform according to the contract, the deposit shall be offset against the price or returned; If the business contract cannot be signed due to special circumstances and natural factors, 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; If the seller unilaterally breaches the contract and fails to perform, the deposit can be refunded twice.

Legal basisArticle 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. 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.

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.

If you regret buying a house, you can't return the house.

When buying a house, the buyer and seller will generally sign the corresponding contract, and if there is no reason to check out, they need to bear the liability for breach of contract.

If you are willing to bear the liability for breach of contract, the house can of course be returned. If you meet a seller with a good point, you may not be held liable for breach of contract, but this is rare unless the seller happens to encounter another buyer who bids higher.

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.