If I don t want to buy a car after paying a deposit, can I return it?

When we buy a car, we usually have to pay some deposit to settle the car, but sometimes there will be no longer want to buy a car after paying the deposit, so can the deposit that has been paid be refunded? Today, in order to help you solve this problem, the following content has been sorted out below, let's take a look.

Deposit is a form of security for debts, which refers to a certain amount of money agreed by the parties to the contract to be paid by one party to the other party in advance within the scope prescribed by law in order to ensure the performance of the contract. After the debtor performs the debt, the party who paid the deposit has the right to recover the deposit or offset the deposit as the price; If the party receiving the deposit fails to perform its obligations, it shall return double the deposit to the party paying the deposit. If the party who paid the deposit fails to perform its obligations, it is not entitled to demand the return of the deposit.

"Deposit" refers to a certain amount of money that the parties agree to pay to the other party as a guarantee for the creditor's rights, and it is a legal form of security, the purpose of which is to promote the debtor's performance of the debt and ensure that the creditor's claim can be realized. Can I get a refund after paying a deposit and not signing a contract when I buy a car, according to the law, the deposit cannot be refunded, which is punitive. If it is a deposit, it can be refunded, which is in the nature of an advance payment.

When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed. After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement. The "deposit" is not clearly stipulated in China's law at present, it does not have the guarantee nature of the deposit, can be regarded as "advance payment", when the contract can not be performed, in addition to force majeure, should bear the liability for breach of contract according to the fault of both parties.

The amount you give to the car dealer should be a deposit, which cannot be refunded.

Here reminds car buyers not to blindly pay the deposit, must see clearly what contract is the deposit paid when signing, the nature of the deposit must be clearly agreed in the contract, if you are not sure, you can consult a lawyer, do not be deceived by the car dealership's text change, and let your legitimate rights and interests be damaged in the event of a dispute.

If you do not sign a deposit contract, there is no way to refund, and if you sign a deposit contract and there are clear provisions in the contract, you can refer to the content of the contract. In case of default, the seller can forfeit the deposit.

It must be a non-refundable deposit, that is, to prevent sudden regret when buying a car, so it has to be delivered, and sometimes it will be refunded to a part, but a part will also be withheld as liquidated damages.

It can be returned, as long as you communicate well with the sales staff, the sales staff will also express their understanding and will return their deposits, but they need to bear part of the liquidated damages.

From a legal point of view, it is not possible to return the deposit if you do not want to pay a deposit for buying a car, and even if you go to court to sue, there is no possibility of winning the lawsuit. So if you want to refund the deposit, the best way is to negotiate with the 4S store and explain why you regret it. Envy

Generally speaking, in order to take care of consumers, reduce the damage to the external image of 4S stores, or do not want to lose potential customers because of the deposit, most 4S stores will agree to refund the entire deposit. If the 4S store has a tough attitude, then try to negotiate a refund of part of the deposit to minimize the loss.

Many 4S stores will agree to refund the deposit after negotiation, but in the second-hand car market, if there is a regret after paying the deposit, then the possibility of returning the deposit is very low.

If you buy a car and pay a deposit, you can refund it if you don't buy it, depending on the situation:

1. There is no problem with the signed contract, but it is not refunded due to the personal reasons of the parties. Because the deposit contract is effective from the time of the actual payment of the deposit. And the effect of the deposit is manifested in the fact that once the deposit is delivered, the ownership of the deposit is transferred.

When the deposit is transferred from the party giving the deposit to the party receiving the deposit, the ownership of the deposit is transferred, which is determined by the characteristics of the currency; In the event of delay in performance or other breach of contract, the deposit penalty cannot be applied as a matter of course;

2. If there are some unequal clauses in the contract, or if there are clauses in the supplementary agreement of the contract that the developer refuses to supplement and modify, then the contract itself is invalid, and the other party's deduction of the deposit is illegal, and the other party should return the deposit to the parties in accordance with the relevant laws and regulations.

Legal basisArticle 586 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a deposit to the other party as security for the obligatory 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.

Article 588.

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.

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.

The deposit paid for the purchase of a car is refundable. In general, there are two possibilities for the refund of the tremor, first, the party receiving the deposit is in breach of contract and needs to return the deposit twice, and second, the two parties negotiate to terminate the contract, and the party receiving the deposit will return the deposit. Legal basis

In accordance with Article 587 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, 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 has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debts of the chain bank or the performance of the debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned double.

Legal basisArticle 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 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.

Summary. Hello, I am your exclusive technician, attentive, careful, dedicated to answering your car questions, for you to find the corresponding problem solutions and solutions!

1: The deposit for buying a car is non-refundable. When we paid the deposit for the purchase of the vehicle, and suddenly did not want to buy it, at this time, the deposit we paid is not refundable, therefore, before we pay the deposit, we must think about it well, do not spend money in vain.

But you can talk to sales. Generally, those who are good at talking can give you a refund.

Hello, I am helping you sort out the answers to your questions, please wait a while Hello Youna, I am your exclusive technician, attentive, careful, and attentive to answer your car questions, and find solutions to the corresponding problems for you and solve the problem of Fang Shen lead! The relevant schemes are as follows:1:

The deposit for a car is non-refundable. When you pay the deposit for the purchase of the vehicle, and suddenly you don't want to buy it, this time is in a hurry, the deposit we paid is not refundable, therefore, before we pay the deposit, we must think about it, don't spend money in vain, but you can discuss it with the sales. Generally, those who are good at talking can give you a refund.