Who to complain about if the deposit is not refunded when buying a house, and how to complain if the

If the deposit for the purchase of a house is not refundable, you should complain to the housing authority.

If the party paying the deposit fails to perform the relevant obligations or debts in accordance with the contract, it shall not be entitled 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. Deposit refers to a certain amount of money or other substitutes agreed by the parties to be paid by one party to the other party in advance before performance in order to ensure the realization of the obligatory right.

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, but 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 the 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.

The law stipulates that if you buy a house without returning the deposit, you can call the police to solve it. Relevant evidence can be provided, and a lawsuit can be filed with the people's court to claim that the other party return the deposit. In general, the deposit is only used as a security deposit for the creation of an inside and outside the house.

If there is any loss of rental property, indoor facilities and property during the lease period, or if there is any other breach of contract, it will be deducted from 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 Commercial Housing.

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 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 Commercial Housing.

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 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.

In this case, if the purchase is voluntary, it will not be refunded due to the reasons of the buyer, and no one can complain, only the two parties can negotiate.

First of all, the "deposit" is non-refundable. But let's figure out a few questions first:

1. Whether there is a pre-sale license when the house opens and collects your deposit;

2. Whether the subscription letter is signed by you or signed by another person;

If there are problems in the above two points, you can negotiate with Fangkai, and if the negotiation fails, you can complain to the functional department.

However, if you sign the information that the deposit is not refundable when the housing license is complete, it will not be refunded. Buying a house is not buying cabbage, you must think clearly before paying the money and signing.

In the case of non-refund of the deposit for the purchase of a house, if the negotiation fails, a lawsuit should be filed with the people's court, and the people's court will make a judgment and resolve it on the basis of the facts and the law.

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. The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights.

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 one of the parties fails to conclude the commercial housing sales contract due to the withering of the original lead, 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.

How to deal with the non-refundable deposit.

Disputes arising from non-refundable deposits are civil disputes, and civil disputes can be resolved through the following ways:

1) Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve disputes. This method is quick and easy and calm, but the content of the negotiation should be documented in writing.

2) Mediation. The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. When the parties to a dispute lose the basis for dialogue, it is a smart choice to seek third-party mediation.

3) Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them. In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement.

4) Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute. Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

Is it legal for the deposit to be non-refundable?

Whether a non-refundable deposit is legal or not depends on the situation.

If the debtor performs the debt, the deposit shall be offset against the price or recovered, and it is illegal if it is not returned. If the party who pays 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 has no right to request the return of the deposit, and it is legal not to refund it. 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, and it is illegal to return the deposit.

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 failure 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 basis. Article 587 of the Civil Code of the People's Republic of China [Deposit Penalty Provisions] 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 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, the deposit shall be returned double.

Legal analysis: Litigation can be conducted in court based on the relevant grounds at the time. Regardless of whether the purchase contract is finally signed or not, the developer should refund or use the "deposit" as the price of the price; If a "deposit" is set for the performance of the contract, the purchase contract is a sales contract, the sales contract is the main contract, and the guarantee contract is a subordinate contract.

Regardless of whether the "deposit" is paid before or at the same time as the contract is signed, if the main contract is not formed, the subordinate contract cannot be formed. According to the relevant regulations, real estate development enterprises can only collect a deposit from the buyer after obtaining a legal certificate of housing sales, which is equivalent to a fine.

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, the real estate development enterprise shall not sell the commercial housing, and shall not charge the buyer any pre-Zen car subscription fees. If the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the buyer with a fee in the nature of reservation money 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; 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; Where there is another agreement between the parties, follow the agreement.

Article 119 of the Civil Procedure Law of the People's Republic of China on Lead Milling 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.