The best way to refund the deposit is to make trouble?

Updated on society 2024-07-14
11 answers
  1. Anonymous users2024-02-12

    No, it's usually a deposit for your own reasons.

    It's non-refundable, but if you want to return, you can only complain.

    The most common case is that the consumer regrets the car and asks for a refund of the deposit. If the consumer cancels the car for no reason, generally, the dealer will choose to return the car without refund. As a result, many consumers are thinking about how to go to 4S stores.

    It's not illegal to make trouble.

    The People's Republic of China is a society governed by the rule of law, and contradictions and disputes should be resolved by legal means, not the so-called trouble. The best way to refund the deposit is not to make trouble, but to deal with the problem in accordance with the relevant provisions of the booking contract.

    If there is a dispute or contradiction between the two parties to the contract, it will be resolved in accordance with the provisions of the contract. According to the relevant provisions, after the contract comes into effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. In the matter of paying a deposit for the purchase of a car, the market trading habit is that the deposit cannot be refunded, and the deposit.

    Yes, it can be refunded. 1. If your relatives and friends have internal relationships with the developer, or are the leaders of the regulatory authorities, let them say hello to the developer and help negotiate, and there is still a good hope for the return. But there are a lot of agencies on the Internet that claim to be looking for a relationship to help refund the deposit, basically they are fooling people, just imagine that so many developers and so many projects across the country can find a relationship to refund, how much does it have to do?

    With such a big and so many relationships, why bother doing this business of tens of thousands of dollars.

    Second, some people think that it is possible to add supplementary clauses or modify clauses during the signing of the contract, but the developer will generally refuse to add any clauses to the formal record contract, and then ask for a refund on the grounds that the contract negotiation cannot reach an agreement. However, if you carefully read the "Subscription Agreement" signed at the time of deposit, you will find that there is a similar clause on it: "Party B has fully understood and agreed to Party A when signing this subscription agreement.

    The contents, terms and options of the "Commercial Housing Sales Contract" and "Preliminary Property Service Agreement" will not be separately requested to change the above documents", so as long as you sign the subscription form, it proves that you accept all the terms on the subscription letter, and you will not ask for a refund on the grounds that the contract negotiation cannot be agreed.

    3. The most effective way for most people to withdraw is to identify the problems in the sales process of the developer's sales office, collect evidence of relevant problems, and then negotiate for a refund. Of course, it may be difficult for ordinary people to grasp the accurate problem points, because the problems are not only the situation of no pre-sale certificate and ** restricted sales, but also the "Measures for the Management of Commercial Housing Sales".

    Regulations on the Publication of Real Estate Advertisements", ** Law.

    As well as some policies and regulations issued by the state and local ** are the basis for us to find the problem point, if you don't know anything about these or don't know how to start, it is recommended to seek help from professionals and institutions, in order to achieve twice the result with half the effort.

  2. Anonymous users2024-02-11

    The best way to refund the deposit is not to make trouble, which may not necessarily make things worse.

    What are the ways to refund the deposit?

    1. Negotiate a refund with the seller;

    If the buyer does not sign the contract with the developer or the parties do not agree on the terms of the contract, most of the developer's deposit is non-refundable. This kind of agreement on the deposit or deposit is extremely unfavorable to the buyer, putting the buyer in a situation of being subject to others at the time of signing the contract, and the buyer often accepts the unequal terms of the developer against his will under the pressure of not returning the deposit, and his true intention cannot be reflected in the contract, which violates the principle of fairness and justice of the contract.

    2. If the negotiation fails, arbitration can be initiated;

    Through the above analysis, we know that there are certain conditions for the refund of the deposit, that is, it can be refunded due to the agreement on the terms of the contract, 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 the records of the modifications made by both parties during the negotiation of the contract conditions, or by the recording of the conversations between the parties, and file an arbitration with an arbitration institution. 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.

    3. File a lawsuit with the court.

    For projects without a sales license or property right certificate, such as internal subscription, the deposit can be refunded under any circumstances because it does not have the sales conditions, and there is no need to do a lot of evidence collection work, and it is enough to sue directly.

    The buyer is entitled to a refund of the deposit in the following three cases:

    First, the seller does not have a sales license or property right certificate, resulting in the inability to conclude the purchase contract;

    second, the seller will resell the subscribed house to others;

    The third is that the terms of the contract cannot reach an agreement, such as the seller's vague expression of the housing information, the main terms of the contract cannot be determined, or the seller's modification of the conditions in the subscription letter, such as the area of the house, **, etc.

  3. Anonymous users2024-02-10

    Yes, in many cases, the deposit is not refundable, especially if there is a deposit agreement in advance, even if the probability of success in litigation or other ways is not 100%, many businesses are more important to the arrangement, once it is not good-looking, it will be seen by other guests, more or less its image will be greatly reduced, so it is also a way to want to refund the deposit.

  4. Anonymous users2024-02-09

    Generally, the deposit is non-refundable for your own reasons, but if you want to return it, you can only complain.

  5. Anonymous users2024-02-08

    It is recommended to choose the check-out information consultation platform for the refund of the deposit for buying a houseThe check-out information consultation platform specializes in accepting real estate deposit dispute cases, and can be accepted door-to-door all over the country. [Click here to inquire about how to refund the deposit for the purchase of the house.]

    7 Suggestions for Refund of Deposit:

    1. Sign a deposit refund agreement.

    Before paying the deposit, you must sign an agreement with the other party that the deposit can be returned unconditionally.

    2. Formulate terms in the contract.

    The contract stipulates the terms of the return of the deposit, and if the buyer and the seller cannot reach an agreement, the deposit must be returned unconditionally.

    3. Third-party force majeure factors.

    The real estate cannot be built normally due to development and other reasons. There is no breach of contract between the buyer and the seller, and both the deposit can be refunded.

    4. Default by the developer.

    The developer's arbitrary change of **, ** predetermined house, etc., are all defaults of the developer. In case of breach of contract, not only the deposit will be refunded, but also a certain amount of compensation will be paid.

    5. The quality of the house is unqualified.

    If there is a problem with the quality of the house, the developer can be ordered to complete the repair. It is also possible to request a refund of the deposit directly, in which case an unconditional refund is required.

    6. The developer does not have the conditions for sales.

    If the plan does not have a pre-sale permit, it does not have the conditions for pre-sale of the house.

    7. The property is mortgaged.

    If the property is mortgaged by the developer, it is also possible to ask for a refund of the deposit without any conditions.

    If you want to know more about the refund of the deposit for buying a house, it is recommended to consult the check-out information consultation platform, the professional refund team of the check-out information consultation platform, more than 1,000 customers consult various problems related to the deposit for buying a house every month, such as insufficient funds, bad environment, insufficient running water, family disagreement, unsatisfactory floor room type, unable to take out a loan, or being deceived and induced and other difficult and miscellaneous diseases, can provide professional knowledge answers. The retirement team continues to learn from experience and provide professional knowledge and free consultation for our customers who need to solve the deposit for the purchase of a house. Let the customer receive professional consultation at the first time, and avoid the customer from suffering a second injury.

  6. Anonymous users2024-02-07

    1. Judging from the current legal provisions and court trial practice, the conditions for checking out mainly include agreed conditions and statutory conditions. Agreed conditions refer to the conditions under which the buyer and the developer agree in the purchase contract that they can move out. For example, if the real estate agent delays the delivery of the house for more than a certain period, the buyer can ask to move out.

    2. The buyer can also stipulate in the contract that if the community planning or supporting facilities do not meet the sales advertisement or sales book, and the property right certificate cannot be obtained within a certain period of time after the house is delivered, the check-out conditions such as the property right certificate cannot be obtained.

    3. The deposit for buying a house can be refunded, but under certain conditions, that is, it can be refunded due to the agreement on the terms of the contract, 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.

    Whether the deposit can be refunded after buying a house is as follows: "Contract Law", "Guarantee Law", "Judicial Interpretation of the Guarantee Law", and "Judicial Interpretation of Disputes over Contracts for the Sale and Purchase of Commercial Housing". Departmental rules include: "Measures for the Administration of Commodity Housing Sales" and so on.

    1. Article 115 of the Contract Law of the People's Republic of China stipulates the deposit as follows: 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. Article 89 of the Security Law of the People's Republic of China stipulates 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.

    3. Article 115 of Part VI of the Judicial Interpretation of the Security Law of the People's Republic of China stipulates that if the parties agree to pay a deposit as a guarantee for the conclusion of the main contract, and the party who pays the deposit refuses to conclude the main contract, it shall not have the right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, it shall return double the deposit.

    4. Article 4 of the Interpretation of the High People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts stipulates that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude a commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits.

    5. The Administrative Measures for the Sales of Commodity Housing stipulate that: "If a real estate development enterprise that meets the conditions for the sale of commercial housing collects a reservation fee from the buyer before entering into a contract for the sale and purchase of commercial housing, the fees charged shall be offset against the price of the house price when the contract for the sale and purchase of commercial housing is concluded, and if the parties fail to conclude a contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fees charged to the buyer".

  7. Anonymous users2024-02-06

    Question: I gave the freight and deposit for buying a motorcycle privately, I don't want the car, but the freight is not refunded, what should I do?

    Ask what?? Private car buyers.

    Question: If the deposit is not refunded, even if the freight is not refunded, I must be refunded, right?

    There is no other way.

    Question: What if I'm going to sue him? Can't I call the police.

    Go to court and sue.

  8. Anonymous users2024-02-05

    Generally, the deposit cannot be refunded, because there is a legal effect, if the macro scum wants to retreat quickly and quietly, you really just go to their store to make trouble, come to a customer to say one, so they will definitely give you a refund.

  9. Anonymous users2024-02-04

    If you sign a contract, you can't get it back. And the deposit is not refundable in the first place.

  10. Anonymous users2024-02-03

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

  11. Anonymous users2024-02-02

    Depending on the circumstances, there is no legal process.

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