If the car dealer defaults, should the deposit be doubled?

1. Deposit and advance payment are two different legal concepts, and the legal consequences are completely different. The deposit has a typical guarantee function, mainly to guarantee the performance of the contract, if the party who pays the deposit violates the contract, it shall not require the return of the deposit; If the party receiving the deposit breaches the contract, the deposit shall be returned double; The advance payment is the partial consideration of the subject matter of the contract paid in advance. As long as there is the word "deposit" in the contract, the statutory deposit penalty is directly applicable, and there is no need to make an agreement on return.

Second, the contract is written as a deposit, and the receipt is written as an advance payment, you need to be clear, are you paying a deposit, or an advance payment? Is there an agreement in the contract to pay both the deposit and the advance payment? If there is only an agreement to pay a deposit, the 1,000 yuan should be in the nature of a deposit.

3. After the deposit is paid, the deposit contract is established and takes effect. If there is no statutory reason, the deposit will generally not be returned.

Legal basis: Article 89 of the Security Law: 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 of the Guarantee Law: The deposit shall be agreed 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.

1. Under normal circumstances, the buyer's deposit for breach of contract is not refunded.

2. According to the Contract Law, this contract has the following problems:

1 Deposit clause, the law stipulates that the seller shall return double the deposit in breach of contract, there is no mention of double return, 2 the delivery date is not agreed on that day.

3 Overdue is a breach of contract, there is no delay.

3. This contract is not signed by you (and you have not entrusted others to sign it), which means that this contract has nothing to do with you.

4. If you want to get the deposit back, you can accompany the signatory to find the other party, and according to the reasons listed in Article 2 above, it is said that this contract is an overlord contract, which deceives the buyer and violates the contract law, and should be invalidated and the deposit should be returned. It's better to have the signatory write a power of attorney and entrust you to handle it, and that's even better.

The provisions for double refund of the deposit and liquidated damages are as follows:

1. If the debtor performs the debt, the deposit shall be offset against the price or recovered;

2. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it has no right to request the return of the deposit;

3. 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 in double amount;

4. The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and if the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties, and if the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them according to the request of the parties.

Civil Code of the People's Republic of China

Article 586: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 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. Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of the contracts of the hail brothers.

Defaulters.

According to Article 115 of the Contract Law of the People's Republic of China, the parties may, in accordance with the Security Law of the People's Republic of China, 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 clearance, the deposit shall be offset against the price or **. If the party who fails to pay 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 before the late search.

Legal analysis: To claim the return of double deposit, the following four elements must be met:

2.There is a causal link between the breach of contract and the frustration of the purpose of the contract.

3.There must be a breach.

4.There must be a fact that the purpose of the contract slips to frustrate.

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.

The provision for double return of the deposit for breach of contract is that the party receiving the deposit shall return the deposit twice if it fails to perform its contractual obligations. The deposit is a guarantee for the conclusion, performance or termination of the contract, and in the event of a breach of contract, the double refund applies only to the deposit.

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. 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 amount of the deposit delivered by the actual judgment is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

Article 587 of the Civil Code.

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 fixed offset does not 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.