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Anonymous users2024-02-12You can negotiate with the buyer for breach of contract, pay liquidated damages as agreed, terminate the contract, and return the deposit, or you can return the deposit twice, but you cannot ask for liquidated damages. 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. ”
Can the deposit and liquidated damages be applied at the same time?
If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract. It can be seen from the provisions of this article that if the parties to the contract have agreed on both liquidated damages and deposits, if one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause, that is, the other party has the right to choose to apply the liquidated damages clause or the deposit clause, but the two cannot be used together. In reality, some parties agree on both liquidated damages and deposits in the contract, and when one party breaches the contract, the other party requires the liquidated damages and the deposit clause to be used together.
Choose to apply the liquidated damages clause or the deposit clause to achieve the purpose of making up for the losses suffered due to the breach of contract; Liquidated damages are equivalent to the actual losses incurred by one party due to the other party's breach of contract. Generally speaking, the non-breaching party can compensate itself for the losses caused by the other party's breach of contract according to the liquidated damages clause. Of course, when the deposit clause is favorable to the non-breaching party, the non-breaching party can also apply the deposit clause to make up for its own losses in accordance with the deposit penalty.
From a legal point of view, the deposit penalty is punitive, and the liquidated damages are also punitive, and if they are used at the same time, it violates the basic spirit of the principle of fairness. Too harsh on the defaulting party, and the other party gets the income they shouldn't get.
Summary: To sum up the above, the deposit is delivered before signing the contract, generally in order to allow the party who pays the deposit to sign the contract smoothly, if one party has a breach of contract, then it is necessary to bear the responsibility for breach of contract, and different parties have a breach of contract, then the penalties are different.
Legal basis: 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 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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Anonymous users2024-02-11If you decide not to add a product after receiving a deposit, you will need to negotiate with the buyer and abide by the terms of the contract. Depending on the terms of the contract, you may be required to pay liquidated damages, terminate the contract and return the deposit, or double the deposit. But you can't ask for liquidated damages, as this is clearly stipulated in the law of our country.
Please note that if you fail to perform your contractual obligations or perform your contractual obligations in a non-compliant manner, resulting in losses to the other party, you will be liable for the corresponding legal liabilities. Therefore, when signing a contract, you need to carefully read and understand the terms of the contract to ensure that you understand the liability for breach of contract and the corresponding legal consequences.
In conclusion, if you decide not to ** the product anymore, you need to negotiate with the customer and abide by the terms of the contract to avoid unnecessary legal disputes and liabilities.
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Anonymous users2024-02-10If you don't want to sell after receiving the deposit, you need to return the deposit double. The relevant provisions of the Civil Code stipulate that 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 failure to achieve the purpose of the contract, the deposit shall be returned twice.
How to compensate for breach of contract after receiving a deposit.
If the other party breaches the contract after receiving the deposit, it may be required to continue to perform its contractual obligations, such as requiring the other party to complete the transfer of ownership of the house in the sale and purchase of a house. At the same time, if the other party breaches the contract, the termination of the contract needs to return double the deposit. If you default, the deposit will not be refunded.
What should I do if I sign a contract to sell my car and don't want to sell it?
If the contract for the sale of the car is signed, and you do not want to sell it, you may have to bear the liability for breach of contract. The law stipulates that if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If both parties agree to terminate the contract through negotiation, they may not be liable for breach of contract.
What should I do if I sign a contract for the sale and purchase of a house and don't want to sell it?
If you sign a house sales contract and do not want to sell it, and it constitutes a breach of contract, you shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the purpose of the contract cannot be achieved due to the other party's breach of contract, it can claim to terminate the contract and do not have to bear the liability for breach of contract.
What should I do if the main contract is not established and the deposit is received.
If the deposit is received before the main contract is established, if there is an agreement in the contract for the return of the deposit, it shall be handled in accordance with the contract, and if there is no agreement in the contract, the two parties may negotiate to deal with it. If the contract is not concluded due to the party paying the deposit, the party receiving the deposit may not return the deposit, and if the contract is not formed by the party receiving the deposit, the receiving party shall return the deposit double.
The seller regrets not wanting to sell, how to calculate the liquidated damages.
The seller repented and did not want to sell, and the way of calculating the liquidated damages was based on the agreement, and could not be too higher or too lower than the loss caused by the breach of contract. The parties may stipulate in the contract that one party shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
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Anonymous users2024-02-09Legal analysis: You can negotiate with the buyer for breach of contract, pay liquidated damages as agreed, terminate the contract, return the deposit, or return the deposit twice, but you cannot ask for liquidated damages.
Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Anonymous users2024-02-08Legal analysis: You can negotiate with the buyer for breach of contract, pay the liquidated damages as agreed, terminate the contract, return the deposit, or double the deposit, but you cannot ask for liquidated damages.
Legal basis: Civil Code of the People's Republic of China Article 577: Where one of the parties fails to perform its contractual obligations or does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Anonymous users2024-02-07The party who paid the deposit can ask for double the deposit back. 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 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, Article 587 of the Civil Code 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 agreement, resulting in the failure to achieve the purpose of the contract, You Hu has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debts or the performance of the debts does not conform to the contract, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double. The deposit should be refunded in double.
Civil Code of the People's Republic of China
Article 587.
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.
The deposit should be refunded in double.
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Anonymous users2024-02-06As long as both parties sign the corresponding sales agreement, they must carefully perform in accordance with the agreement. If one party breaches the contract, it shall bear the liability for breach of contract. After one party breaches the contract, the two parties shall negotiate a settlement.
If the negotiation fails, both parties can file a lawsuit with the court. According to the relevant laws and regulations, if the parties fail to perform their contractual obligations or fail to perform their contractual obligations as agreed, they shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the parties agree to use the deposit as security for the conclusion of the main contract, if the party paying the deposit refuses to conclude the main contract, it shall not be entitled to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, the deposit shall be returned double.
1. What should I do if I regret Jane Gao after signing the purchase contract?
If the developer does not agree to terminate the contract, the buyer will bear the liability for breach of contract, and the deposit that has been paid has no right to be returned by the other party.
According to Article 577 of the Civil Code implemented in 2021, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 587 stipulates that if 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.
2. What are the legal consequences of a breach of contract?
For the legal consequences of violating the contract, there is an agreement, from the agreement, if there is no agreement, it shall be dealt with according to the provisions of the law of the bureau, as follows:
1. Continue to perform, when one party breaches the contract, the breaching party can be required to continue to perform the contract;
2. Take remedial measures, and reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, price reduction or remuneration;
3. Compensation for losses, if the losses are not caused by breach of contract, the non-breaching party cannot claim compensation for losses;
4. Deposit liability, if the party paying the deposit does not perform the agreed debt, it has no right to demand the return of the deposit, and if the party receiving the deposit does not perform the agreed debt, the deposit shall be doubled;
5. Liability for liquidated damages, if one party fails to perform the contract as agreed by the parties or directly stipulated by law, a certain amount of money may be paid to the other party.
How bold it is... Go admit your mistakes, be sincere, write a letter of guarantee or something, show that you have changed your past, and your expression is tragic, but don't be too fake... Actually, he'll be able to give you a holiday. If you really don't, go and ask for it again on the day of the holiday.
Express delivery in a different place was signed, don't worry, the first time to contact the store, let the store contact the courier company to help deal with the express, if the seller does not deal with it can also apply for a return, on the grounds that the goods have not been received, apply for a refund. >>>More
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Brother suggests that you call the police directly, according to the provisions of Article 83, Paragraph 126 of the Criminal Law of our country, anyone who violently robs items without the permission of the person concerned can be convicted of robbery! If he also looks at your phone, add one more count of stealing other people's privacy! You go and tell the teacher, if your brother asks him to turn himself in and get the victim's forgiveness, he can be given a light sentence! Hey!
This mainly depends on how you negotiated and how the contract was signed, and the normal decoration company should pay a part of the deposit first, and then pay the balance after the acceptance. If it does not meet the original agreement, you can refuse to sign and pay the final payment, I don't know what kind of situation the landlord is. However, now many industries have their own insiders, and it is difficult for us to easily distinguish clearly, so we can only be careful in everything and pay more attention. >>>More