What should I do if the deposit of the sales department is not refunded, and what should I do if the

Legal analysis: According to the relevant laws and regulations of our country, for the situation that the deposit of the sales department is not refunded, the two parties can negotiate with the people's court, and if the negotiation fails, they can file a civil lawsuit with the people's court.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the acceptance of civil litigation brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

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.

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.

There are certain conditions for the refund of the deposit, that is, it can be refunded due to the lack of agreement on the terms of the contract.

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. The buyer can prove this by a record of the modifications made by both parties during the negotiation of the terms of the contract, or by a recording of the conversation between the parties.

If the developer does not refund the deposit, the buyer can sue. Some buyers do not want the house themselves, which is a breach of contract, but they also achieve the purpose of refunding the deposit by adding a supplementary agreement. In addition, for projects without sales licenses or property rights certificates, such as internal subscriptions, because they do not have the sales conditions, the deposit can be refunded under any circumstances, and there is no need to do a lot of evidence collection work, and it is enough to sue directly.

The non-refundable processing method of the deposit paid by the sales office is as follows:

1. Negotiate with the seller:

If the buyer wants to return the deposit, he or she first needs to negotiate with the seller, and the two parties will negotiate a specific solution together, including the proportion of the deposit refund.

2. Report the dispel association:

If the seller does not want to return the deposit, then the buyer can call the ** of the consumer association for instructions and report, or directly go to the office of the local consumer association for consultation and processing.

3. Seek mediation with the local community

If the consumer association cannot solve the problem, the buyer can consider finding the local street or community to mediate the matter of the deposit refund.

4. Legal solutions:

If the above methods cannot solve the problem of returning the deposit, then the buyer can only solve the problem through legal means, and the buyer should pay attention to the specific provisions in the contract to see the requirements for the return of the deposit.

[Legal basis].

Article 22 of the Administrative Measures for the Sales of Commodity Housing does not meet the conditions for the sale of commercial housing, and the developer shall not sell the commercial housing and shall not charge any fees in the nature of reservation money. Therefore, if the commercial house does not meet the conditions for sale, and the buyer has paid the deposit, then the developer should unconditionally refund the deposit to the buyer, regardless of whether the two parties agree on the return of 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 Commodity Housing Article 4 Where the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, order, reservation, etc., if the contract for the sale and purchase of commercial housing cannot be 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 8 In any of the following circumstances, resulting in the failure to achieve the purpose of the contract for the sale and purchase of commercial housing, the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid:

1) After the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer;

2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party.

Legal basis: 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.

Legal analysis: 1. Negotiation between the two parties. The two parties to the contract can negotiate amicably on the issue of deposit refund, and the biggest advantage of negotiation is that it is convenient, fast and conducive to implementation.

There are certain conditions for the refund of the deposit, that is, it can be refunded because the terms of the contract cannot be agreed, and in addition, the contract must be signed within the time limit agreed in the subscription letter, and this must be proved if the deposit is to be refunded. The buyer can prove this by a record of the modifications made by both parties during the contract negotiation, or by a recording of the conversation between the parties.

2. Litigation resolution. If the two parties fail to reach an agreement, they can file a lawsuit with the court on the issue of the deposit. The court made a judgment on the issue of the contract deposit based on the facts of the case and the evidence provided by both parties.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The deposit at the sales office is refundable and subject to availability

1. If the party receiving the deposit defaults, the deposit can be refunded, and if the party receiving 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, the deposit shall be doubled;

2. If the paying party fails to perform its debts and the purpose of the contract cannot be realized, it has no right to request the return of the deposit.

How to bear the liability when the liquidated damages and the deposit are competing.

The liability for liquidated damages and deposits in competition shall be determined on a case-by-case basis

1. If the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses. 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.

2. 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 may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. 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; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Legal basis: Article 587 of the Civil Code of the People's Republic of China.

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.

1. What should I do if the deposit of the sales department is not refunded?

1. The non-refundable deposit of the sales department is handled as follows:

1) Negotiation between the two parties. The parties to the contract can negotiate amicably on the issue of deposit refund;

2) If the seller does not want to return the deposit, then the buyer can call the ** of the consumer association for instructions and report;

3) Buyers can consider finding a local street or community to mediate;

4) If the above methods cannot solve the problem of returning the deposit, then the buyer can only solve the problem through legal means.

2. Legal basis: Article 587 of the Civil Code of the People's Republic of China.

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.

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.

Second, the sales department can check out under what circumstances.

1. The purchase contract is invalid and the check-out is caused.

2. The purchase contract is revoked in accordance with the law and the house is checked out.

3. Check-out due to type error.

4. Check-out due to area error.

5. Check-out due to changes in planning and design.

6. The quality of the main structure of the house is unqualified and leads to check-out.