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Under normal circumstances, the deposit paid for buying a house is not refundable, and the deposit for buying a house cannot be refunded if the purchase and sale of the house complies with legal procedures and commercial purchase norms, but if the developer unilaterally has some loopholes and violates the normal transaction, it can be refunded after the deposit is paid for the purchase.
As long as it is not a contract, the agreement is okay, and the deposit is refundable. After paying the deposit, if the developer cannot buy the house for reasons, the deposit can be refunded. 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.
The deposit for the purchase of a house can be refunded. The deposit for the purchase of the house can be refunded, but it will only be refunded under the specified conditions. If the seller fails to conclude the purchase contract due to his own reasons, he can request a refund of the deposit.
If the contract cannot be concluded due to reasons not attributable to the buyer and the seller, the deposit shall also be refunded. However, once the contract for the sale and purchase of the commercial property is signed, the deposit is transferred to part of the purchase price, and it is almost impossible to return the full amount if the developer does not breach the contract. Since the model contract drafted by the developer is extremely unfair, the buyer can make reasonable requests such as requesting that the "Commercial Housing Sales Contract" be terminated when the mortgage loan is not fulfilled and that he will not be liable for breach of contract.
Classification of deposits:
1. Contract, that is, the deposit with the delivery of the deposit as a condition for the establishment of the debt. This type of deposit is most common in everyday life.
2. The deposit is the deposit that proves the establishment of the debt by the payment of the deposit.
3. The deposit is a deposit paid before the conclusion of the contract, and its purpose or effect is to ensure that the contract is concluded after that.
Legal basis
Civil Code of the People's Republic of China
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.
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*If you have purchased a skewer room and have already paid a deposit, you can ask for a refund**. Because the purchase is an illegal goods, the seller should be held liable. According to the provisions of China's Contract Law, if there are major defects in the purchased goods, the consumer has the right to return the goods and request a refund.
String houses are illegal constructions that do not provide normal housing services, so consumers have the right to demand a refund of the deposit.
It should be noted that if the refund request is caused by the buyer himself, it may be necessary to consider the contract and whether it has caused a certain impact on the house. Before deciding to request a refund of the deposit, it is advisable to consult a professional to understand your rights and possible risks.
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Many people have not heard of string houses, in fact, it is speculation, that is, some people or intermediaries with strong funds buy the full amount of second-hand houses at a lower than market level, and then decorate them with furniture and then go on the market to earn the difference in the price of the houseCan I get a refund after paying the deposit when I buy a skewer house? What should I do if I have already bought a skewer house? Let's find out!
Can I get a refund after paying the deposit after buying a skewer house?
1. If it is an intermediary fee, it can be refunded through negotiation with the intermediary company, if the intermediary company does not agree to refund itAccording to Article 19 of the Measures for the Administration of Real Estate Brokerage, if the real estate brokerage institution fails to complete the matters agreed in the real estate brokerage service contract, or the service does not meet the agreed standards of the real estate brokerage service contract, the commission shall not be charged. If the contract stipulates that the service is based on the payment of a deposit, the intermediary fee needs to be paid.
2. The deposit can only be refunded through negotiation with the seller, and cannot be refunded if the seller does not agree。A deposit is a form of security in which a certain amount of money or substitute is paid in lieu of a contract or before it is performed. According to the relevant theories of civil law, the deposit has the following legal characteristics:
The deposit has a subordinate property.
The deposit exists with the existence of the contract and is extinguished with the extinction of the contract.
The establishment of a deposit is practical.
The deposit is agreed by the parties to the contract, but only the parties agree on the deposit, and without the actual delivery of the deposit, the deposit guarantee cannot be established. The deposit can only be established if the parties to the contract actually deliver the deposit to the other party.
The deposit is paid in advance.
Only after the contract is formed and the delivery before the performance can it play the role of a guarantee. Therefore, the deposit is paid in advance.
The deposit is double-secured.
That is, to guarantee the claims of both parties to the contract at the same time. That is to say, if the party who pays the deposit fails to perform its debts, the deposit will be lost; If the party receiving the deposit fails to perform its obligations, the deposit shall be returned double.
What should I do if I have already bought a skewer house?
1. Check out
You know, there are many problems with the decoration of the string room, so if you accidentally buy it, checking out is undoubtedly the best choice, but if you are paying for the goods, it is really not an easy task to check out, either lose some money (not greater than the money for redecoration), or have enough evidence for legal prosecution.
2. Sell
If you accidentally buy a skewer house, you might as well make a house skewer, of course, before buying a house, you should tell the truth, don't think about making money, and you may lose some money, of course, if you are lucky, you may be waiting for the house to appreciate during this time.
3. Redecoration
Although a little self-admitting that the unlucky ingredients are in it, but thinking in another direction, the reason why it can be used as a string room, indicating that it is valuable, even if it is a loss, it may only be a loss of money for the new decoration, rather than spending time arguing, it is better to quickly find a regular decoration company to redecorate.
Can I get a refund after paying the deposit after buying a skewer house?What should I do if I have already bought a skewer house?
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1.Contract Law: It stipulates the basic elements of the sales contract, the establishment, performance, modification and termination of the contract.
2.Property Law: It clarifies the legal provisions on the acquisition, transfer, restriction and protection of house ownership.
3."Housing Sales Contract": It stipulates specific provisions on the signing, performance, modification and termination of the housing sales contract.
4.Regulations on the Registration of Immovable Property: It stipulates the scope of immovable property registration, the undertaking agency, the application conditions, the registration procedures, etc.
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You can negotiate with the other party first, you can negotiate with the seller to check out, and if both parties reach an agreement, you can sign a letter to sell and sell the change of face agreement to check out. If the negotiation fails, you can apply to the local Housing Transaction Arbitration Board for arbitration. During the arbitration process, you will need to provide relevant evidence, such as the title deed, the lease agreement during the purchase of the property, etc.
Contract Law: It stipulates the basic elements of the sales contract, the establishment, performance, modification and termination of the contract. 2.
Property Law: It clarifies the legal provisions on the acquisition, transfer, restriction and protection of house ownership. 3.
Housing Sales Contract": It stipulates the specific provisions on the signing, performance, alteration, and termination of the housing sales contract. 4.
Regulations on the Registration of Immovable Property: It stipulates the scope of immovable property registration, the undertaking agency, the application conditions, the registration procedures, etc. <>
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