I want to buy a house, I paid a deposit of 50,000 yuan, and now I don t want to buy it, can the depo

Updated on society 2024-07-15
25 answers
  1. Anonymous users2024-02-12

    Principle. Deposit is non-refundable.

    Otherwise, the "deposit" loses the meaning of ordering.

    Deposit for purchases. It appeared in ancient China and was called Dingyin.

    Modern people also call it an advance payment.

    its role. For the buyer.

    It is to get priority in the purchase.

    For sellers.

    It is the opportunity to strive for the best in sales.

    For this. Pre-purchase or pre-payment in the course of commerce.

    In some industries, rules are formed.

    this rule. If it is set by the seller.

    It will be detrimental to the buyer.

    This requires an agreement.

    The buyer and seller can be specified in the contract.

    The responsibility of each party for the sale and purchase.

    For this. Your reservation fee.

    It's just to get the right of first refusal.

    If you don't.

    Your deposit will be compensated.

    Covenants to compensate the seller.

    Similarly. If the seller sells your ordered house.

    Compensation for the penalty surname is also to be made.

    So. When you decide that you will no longer buy the house you booked.

    Your deposit is non-refundable.

  2. Anonymous users2024-02-11

    No, because you paid the deposit, it means that you have decided to buy this apartment when you pay the deposit. The concept of the deposit is equivalent to the guarantee fee, if you violate the original agreement and do not buy this suite, it means that you will lose your trust. Since you have broken your promise, you have to pay for it.

    Therefore, if you pay a deposit to buy a house, you can't get it back if you don't want to buy it.

  3. Anonymous users2024-02-10

    The deposit is non-refundable and the deposit is refundable.

    The general principle is that the deposit is refundable, and the deposit is non-refundable. If the deposit is not fulfilled in the performance of the contractual obligations, there is no right to request the return of the deposit; If the party receiving the deposit fails to perform its contractual obligations, the deposit shall be refunded twice.

    Article 586 of the Civil Code [Deposit Guarantee] 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.

    As for the deposit, this concept is not clear in the law of our country, and in some civil disputes, the deposit is generally regarded as an advance payment.

  4. Anonymous users2024-02-09

    I want to buy a house, I paid a deposit of 50,000 yuan, and now I don't want to buy it, can the deposit of 50,000 yuan be returned? This is based on the contract you signed when you paid the deposit, if the other party allows it, it can be returned, if the other party does not allow it, then it cannot be returned.

  5. Anonymous users2024-02-08

    If you want to buy a house and pay a deposit of 50,000 yuan, if you don't want to buy it now, the deposit of 50,000 yuan will definitely not be refunded.

  6. Anonymous users2024-02-07

    There shouldn't be a way back. It is because you do not want to buy it, so you are in breach of contract, so you have no valid reason to ask for a refund of the deposit you have paid. Of course, if the seller is willing to return, that's fine.

  7. Anonymous users2024-02-06

    Under normal circumstances, the deposit cannot be returned, after all, you have already paid the deposit, I believe they will not refund you, after all, it is you who breached the contract first.

  8. Anonymous users2024-02-05

    I want to buy a house and pay a deposit of 50,000 yuan, but now I don't want to buy it, if I sign a contract of intent, I can only negotiate a refund, and I may have to deduct a part of the deposit.

    If there are no formalities, you can ask for a refund.

  9. Anonymous users2024-02-04

    Refund is a refund, it depends on the character of the other party, and you may be deducted some money, which is a penalty for your breach of contract.

  10. Anonymous users2024-02-03

    It depends on whether the contract you signed when you paid the money can be refunded, under normal circumstances, if it is a deposit, you sign a contract and say that you can refund it, and if you do not receive it, the possibility of refund is small.

  11. Anonymous users2024-02-02

    The deposit is generally paid to prevent remorse, so this situation depends on how to sign the contract where you open the house, and it will definitely not be able to get it back.

  12. Anonymous users2024-02-01

    It depends on the situation, if the house over there is easy to sell, your money can be returned, if it is not good to sell, the money cannot be returned, and the deposit plays this role.

  13. Anonymous users2024-01-31

    You have already paid the deposit, the money is in the hands of others, and now you say that you will not buy it, it is a breach of contract, and the deposit will definitely not be returned.

  14. Anonymous users2024-01-30

    The deposit is refundable, but the deposit is non-refundable. You can check your slip, is it a deposit or a deposit?

  15. Anonymous users2024-01-29

    This is generally discussed with the sales office, and the deposit of tens of thousands of yuan is not a small amount, and it should be possible to get it back.

  16. Anonymous users2024-01-28

    It's all signed in accordance with the contract, and if you breach the contract, you will have to deduct the money.

  17. Anonymous users2024-01-27

    The key to whether the deposit is refundable lies in whether the reservation agreement has all the contents of the commercial housing sales contract, and if it is not, it can not continue to sign the sales contract on the grounds that the relevant terms cannot be agreed, so as to request a refund.

    The nature of the default of the deposit is determined:

    1. The nature of the deposit may be agreed upon by the parties. The parties may stipulate in the contract that the deposit has a multifaceted nature that is not mutually exclusive. For example, in the case of an opposing contract, the parties may agree that after the formal conclusion of the main contract, the deposit will not be returned, but will be used as a breach of contract deposit.

    2. In some cases, even if the parties have not agreed, it may be presumed that the deposit has a nature other than that agreed upon it. For example, the contract for breach of contract, the termination deposit and the contract for the settlement are subordinate contracts to the main contract, and the existence of the subordinate contract must prove the existence of the main contract, so the above three types of deposits certainly have the nature of proving the contract at the same time.

    3. If the parties have not agreed on the nature of the deposit, they shall make corresponding presumptions. In general, it should be presumed that the deposit has only the general nature of a deposit. According to the legislative spirit stipulated in the Civil Code, China's trading habits and judicial practice are generally recognized, the general nature of China's deposit should be a deposit for breach of contract.

  18. Anonymous users2024-01-26

    The deposit of 50,000 yuan paid for the purchase of a house is generally non-refundable. Because in terms of law, the deposit has a two-way guarantee significance, if the buyer wants to regret after paying the deposit, he has no right to get the deposit back; Of course, if the real estate party is in breach of contract, it is not only necessary to return the deposit according to law, but also to pay double compensation. Let's discuss with you the issue of the deposit for buying a house, hoping to inspire buyers.

    1. What is a deposit for buying a house?

    The deposit for the purchase of a house refers to a certain amount of money paid to the developer by the purchaser of the parties to the purchase contract after the conclusion of the purchase contract but before the performance of the purchase contract in order to ensure the performance of the purchase contract. The deposit for the purchase of a house is one of the ways to guarantee the performance of the purchase contract, and it is also a form of stipulating the liability for breach of contract for the purchase of a house.

    2. The deposit of 50,000 yuan paid to buy a house cannot be refunded unilaterally.

    The deposit is a certain amount of money paid by the buyer to the selling unit or individual to express his willingness and determine the purchase of a designated house. The deposit for the purchase of a house is not a contract for the purchase of a house, but a certain amount of money paid by one of the parties to the other party in advance in order to ensure the performance of the contract at the same time as the conclusion of the contract for the purchase and sale of housing. After the performance of the contract, the deposit shall be recovered or offset against the purchase price.

    If the party who paid the deposit does not perform the contract, he or she is not entitled to get the deposit back; If the party receiving the deposit does not perform the contract, it shall return double the deposit. In this way, in order to avoid the sanction of the deposit, the parties can also prompt both parties to perform the contract conscientiously from the perspective of economic interests, which reflects the guarantee role of the deposit. Therefore, the deposit of 50,000 yuan paid for buying a house is unilaterally non-refundable.

    In terms of deposit penalties, the deposit is the settlement of the deposit, that is, if the party who pays 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 double the deposit. From the point of view of the deposit contract, it has the nature of the contract payment, that is, it has the function of proving the establishment and existence of the contract. From the perspective of deposit payment, it has the nature of advance payment, that is, the deposit can be used as the price after the debt is performed.

    All in all, you must be cautious when buying a house, as long as you pay the deposit, if the developer does not default, you will not be able to refund the deposit.

  19. Anonymous users2024-01-25

    Whether the deposit of 50,000 yuan for buying a house can be refunded depends on the specific circumstances. If the developer defaults and the purchase contract cannot be concluded, the deposit shall be refunded double. If you breach the contract, the deposit will not be refunded.

  20. Anonymous users2024-01-24

    Of course, you can return, but you have to find the right way, if it is your own reasons to find the developer, he will definitely not hang you, because everyone is an adult in black and white, the developer must take the contract to speak, the developer will more or less have some illegal operations, but often these other parties will not admit it, all brush the pot to sell, and then the sales resigned, so you will find the developer's liability for breach of contract, to protect rights and collect evidence, and then you will respond to the relevant departments after getting these evidence, You see if the developer will obediently give you a **, two days ago, there was an old iron to ask me for help, less than a week the developer will give him a ** to go through the refund procedures, so everything is about the method, you are hard, people take the contract is your loss, and you go with such a big real estate company is not an egg to hit the stone? Therefore, when necessary, we must fight for our legitimate rights and interests, and no one's money is blown by the wind.

  21. Anonymous users2024-01-23

    The deposit of 50,000 yuan to buy a house is not refundable, you have bought a house, 5 yuan is reduced in the down payment, if you don't want a house, after negotiation, it will definitely be handled by the agreement after you fancy the house is sold.

  22. Anonymous users2024-01-22

    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.

  23. Anonymous users2024-01-21

    I paid 50,000 yuan to buy a houseDepositCan it be returned?

    It is necessary to divide the situation: 1. The buyer does not consider buying a house for his own reasons, and he cannot return the deposit after paying it. A deposit is a form of security in which a certain amount of money or a substitute is paid as security before the conclusion or performance of a contract.

    The party who pays the deposit is called the party who pays the deposit, and the party who receives the deposit is called the party who receives the deposit.

    Guarantee Act. Chapter VI Deposit 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.

    2. If the developer's development procedures are incomplete and the process is not standardized, you can check out. (1) The developer does not have a pre-sale permit for commercial housing.

    In the case of pre-sale of the house, if the developer has not obtained the pre-sale permit of the commercial housing within the specified time limit, the buyer can request to move out. (2) The developer changes the design without authorization.

    planning, influencing the structure of the house.

    If the type, house type, space size and orientation affect the residence of the buyer, the buyer can request to move out.

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  24. Anonymous users2024-01-20

    Legal Analysis]: The deposit cannot be refunded, but the deposit can be returned if it meets certain conditions, and if the deposit is not fulfilled by the contract 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 twice. If you pay a deposit of 50,000 yuan for buying a house, you may not be able to get a refund.

    It needs to be judged according to the specific reasons, if the buyer moves out due to personal problems, the developer has the right not to return the deposit, if the developer has fraud or does not meet the conditions for the sale of commercial housing, the deposit needs to be returned to the buyer. If the developer fails to deliver the house after a delay of three months, the developer's documents are incomplete, and the error ratio between the measured housing area and the tentative measured area of the contract is greater than 3, the buyer can request to move out and ask the developer to return the deposit double. At the same time, if the purchase contract cannot be concluded due to the fact that it cannot be attributed to both parties, such as social factors, the developer shall return all the deposit to the buyer.

    Legal basis]: Article 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.

  25. Anonymous users2024-01-19

    Is it the intention to buy a house, this can be refunded.

    Which deposit or deposit can be refunded?

    Deposit: is a daily term, there is no clear provision in the law, it usually refers to one party to pay a sum of cash to the other party as a guarantee for their own performance, its guarantee function is unilateral, that is, only applicable to the delivery party, not applicable to the recipient. In judicial trial practice, it is generally regarded as an advance payment, which is often used in the pre-sale and sale of commercial housing.

    The binding effect of the deposit and how to deal with the deposit shall be agreed upon by both parties in the contract, but no matter which party reneges, the seller only needs to return the deposit in the original amount, and no penalty shall apply.

    Deposit: It is a legal concept, which refers to a guarantee method in which the parties to the contract deliver money or valuables to the other party at the time of the conclusion of the contract or before the performance of the contractual obligations to ensure the effective performance of the contract. After the party that pays the deposit defaults, the party that receives the deposit will not be refunded; If the party receiving the deposit defaults, double the deposit must be refunded.

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Of course, it is the orientation, floor, house quality, house layout, feng shui (this is too much, you check the information on the Internet), facing of course is to choose enough sunshine, it is best to be able to dry from morning to noon two or three o'clock, in the afternoon, it will be very hot at night, the floor depends on yourself, if there is no elderly living (staircase) basic choice in the middle of the middle, do not choose the floor, if it is an elevator room, it is also this principle, but in the end it depends on your own liking, quality is of course essential, The main thing is to check the firmness of the wall and the waterproofing of the kitchen and bathroom. The pattern is very direct, that is, to see how much area is wasted, whether the functional partitions are suitable for themselves, it is best to bring a tape measure yourself, roughly measure it on the spot, and plan it virtually in your mind, there is no perfect, almost on the line, basically pay attention to these, and there is one, the quality of the house is directly proportional to the **, but maybe you are lucky, you can meet the good price of the house.