I paid a deposit for the car, and now I don t want to buy it, can I get it back?

Updated on society 2024-08-14
13 answers
  1. Anonymous users2024-02-16

    The deposit is one of the ways to be responsible for the liability for breach of contract in the Contract Law, and when signing a contract, it is essential to complete the commitment to the deposit with written materials, and at the same time, the amount of the deposit and the delivery period should also be promised. If the party calculating the deposit does not perform the obligation, it has no right to require the other party to return the deposit; If the party accepting the deposit does not enforce the obligation, it shall refund the liability to the other party twice as much.

    However, the advance payment is not expressly stipulated in the relevant regulations, in other words, it does not have the loan guarantee characteristics of a deposit, and the advance payment can be regarded as a "deposit".

    From the perspective of laws and regulations, if you pay a deposit for a car and cannot return the deposit, even if you come to the court to sue, there will be no chance of a successful appeal. If you want to refund the deposit, the best way is to negotiate with the car 4S shop to show why you are renegotiating.

    Generally speaking, in order to better care about customers, reduce the harm of the external brand image of car 4S stores, or customers who do not want to lose potential due to deposits, most car 4S shops will allow all deposits to be refunded. If the car 4S shop is unreasonable, then try to negotiate a refund of a part of the deposit to minimize the loss.

  2. Anonymous users2024-02-15

    If you don't want to buy the car after paying a deposit, I estimate that the deposit may not be refunded, because paying the deposit is afraid that you will regret it, and if someone else brings the car in for you, you won't buy it, which will affect his sales.

  3. Anonymous users2024-02-14

    I paid a deposit for the car, and now I don't want to buy it, can I get it back? I think it's refundable, but your deposit will be deducted. And there will be no less deductions.

    So you have to think about what to do now, which is more cost-effective? Do you want to buy the car or let him give you a refund of the deposit.

  4. Anonymous users2024-02-13

    I paid a deposit for the car and now I don't want to buy it, if I don't want to buy this, of course this nail can be refunded, this is no problem.

  5. Anonymous users2024-02-12

    If both parties sign a car purchase contract, if the buyer is unable to continue to perform the contract due to his own reasons, the deposit will not be refunded.

  6. Anonymous users2024-02-11

    Legal analysis: If you don't want to buy a car after paying the deposit, the buyer is in breach of contract and needs to bear the liability for breach of contract according to the requirements of relevant laws and regulations. If the party paying the deposit is unwilling to sign the contract, it has no right to demand the return of the deposit; If the party receiving the deposit does not sign the contract, the party who pays the deposit has the right to demand double the return of the deposit.

    Legal basis: Article 587 of the Civil Code of the People's Republic of China.

    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 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, 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.

  7. Anonymous users2024-02-10

    Legal analysis: If you pay the deposit for buying a car, you can't get it back if you don't buy it. Because the contract was signed, it cannot be refunded.

    However, it can also be negotiated, such as the two parties agree; If the contract for the sale and purchase of the vehicle is invalid, the deposit may be refunded. If one party breaches the contract, for example, if he suddenly does not want to buy it, the deposit penalty will apply, and he will need to pay a penalty before he can refund part of the money. The deposit refers to the agreement between the parties that the parties shall pay a certain amount of money to the other party in advance as security in order to ensure the performance of the debt, and the amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract.

    The deposit contract shall be in written form, and the time limit for the payment of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual payment of the deposit. The deposit can be used as security for the creditor's rights, once the creditor has fulfilled the debt, the deposit should be recovered or offset as the price, but if the creditor defaults and fails to perform its debt, the deposit is not entitled to be returned.

    Legal basis

    Civil Code of the People's Republic of China

    Article 532:After a contract takes effect, the parties must not fail to perform their contractual obligations due to a change in their names or titles, or a change in their legal representatives, responsible persons, or undertakers.

    Article 533:After the conclusion of a contract, if there is a major change in the basic conditions of the contract that the parties could not have foreseen at the time of conclusion of the contract and which is not a commercial risk, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract. The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.

    1. Precautions for paying a deposit when buying a house:

    1. The deposit clause is not mandatory, it is only instructive, and the consumer can decide whether to enter into the deposit clause according to law;

    2. The specific circumstances of non-performance of the contract shall be indicated in the deposit clause;

    3. Although the deposit clause has been concluded, the contract will only take effect after the consumer has paid the deposit;

    4. It is necessary to distinguish the difference between the deposit and the advance payment, the advance payment is the advance payment, but the advance payment cannot be applied to the penalty of the deposit.

    2. Deposit and deposit area:

    1. The basic legal relationship between the two is different, the deposit contract is a subordinate contract relative to the main contract, unless the parties have a special agreement, and the main contract is invalid, the deposit contract is also invalid;The agreement of the parties on the deposit is an integral part of the main contract.

    2. The functions of the two are different;The deposit does not have the function of guaranteeing the debt, and its function is to provide certain financial support for one party to perform the debt. The payment of the deposit itself is an act of performance of the obligations of the party paying the deposit.

    3. The roles of the two are different;Once the deposit is paid, it will play the function of sanctioning the defaulting party and compensating the non-breaching party;After the deposit is paid, if one party breaches the contract and the contract is terminated, the party receiving the deposit must return the deposit in full.

  8. Anonymous users2024-02-09

    I paid a deposit to buy a car, and I didn't want to buy it, but I couldn't be blind. Because whether the two parties sign a sales contract or not, it is legal and valid, and cannot be terminated at will. If the other party agrees to terminate the contract after negotiation, the car buyer will also bear certain liability for breach of contract and compensate the other party for losses, so the deposit is generally non-refundable.

    Contract Law: Article 8 A contract established in accordance with the law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

    Contracts established in accordance with the law are protected by law. Article 77 The parties may change the contract by consensus. Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations 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.

    Article 115:The parties concerned may, in accordance with the "Security Law of the People's Republic of China," stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. 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.

  9. Anonymous users2024-02-08

    The deposit is non-refundable, and in this case it is a performance deposit. This means that if the other party fails to perform the contract, the deposit cannot be recovered, and if the other party fails to perform the contract, it needs to be doubled.

    According to the "Guarantee Law of the People's Republic of China":

    Article 89 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.

  10. Anonymous users2024-02-07

    I paid a deposit to buy a car, can I get a refund if I don't want to buy it? Those who have learned to come over can retreat from these three tricks.

  11. Anonymous users2024-02-06

    There are two situations: the deposit is non-refundable, and if it is a deposit, it should be refunded.

    According to the relevant provisions of the Guarantee Law, the parties to the deposit may agree that one party shall pay the deposit to the other party as security. After the performance of the debt, the deposit shall be offset against the price or recovered. 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 deposit shall be agreed in writing.

    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.

    The deposit is generally regarded as the payment of the deposit. An advance payment is a means of payment whose purpose is to address the working capital shortfall of one of the contracting parties. The advance payment does not have the effect of guaranteeing the performance of the debt, nor can it prove the formation of the contract.

    If the party paying the deposit is in breach of contract, if there is no contrary agreement in the agreement, it may request a refund of the prepaid amount; If the party receiving the advance payment defaults, it is only required to return the money received, and does not need to return it twice.

  12. Anonymous users2024-02-05

    After paying the deposit, you don't want to refund the deposit. If you want to return, if it is predetermined. No problem.

    Money can be refunded. I'm sorry for sure. Money cannot be refunded.

    Whatever you owe me, only sold the contract. There is still an obvious chat record, which proves that you are decided, that is, you must be decided, and you must pay a deposit. Then you can't get your money back, so that's how it is now.

    Even if you sue the court, it will be justified. If you say that in addition to the deposit, the display can be returned.

  13. Anonymous users2024-02-04

    Summary. Dear Kiss I'm happy to answer for you The car paid a deposit, and now you don't want to buy it, you can return it. If it is a deposit, it is refundable.

    If the party who has paid the deposit in accordance with the law refuses to conclude the contract, it has no right to demand the return of the deposit. However, if the buyer breaches the contract and the sales contract is not established, the deposit can be refunded. However, if both parties have signed a car purchase contract, and the purchaser is unable to continue to perform the contract due to its own reasons, the deposit will not be refunded.

    Hello. Can I get a refund if I have paid the deposit for the car?

    Dear Kiss I'm happy to answer for you The car paid a deposit, and now you don't want to buy it, you can return it. If it is a deposit, it is refundable. If the party who pays the deposit in accordance with the provisions of the law refuses to conclude the contract, it has no right to demand the return of the deposit.

    However, if the buyer violates the contract and the sales contract is not established, the deposit can be refunded. However, if the two parties have signed a contract for the purchase of orange cars, and the buyer is unable to continue to perform the contract due to his own reasons, the deposit will not be refunded.

    Dear, the deposit is generally not refundable, and you may have to bear the liability for breach of contract.

    I don't want what I bought, and she doesn't want to return it.

    What is the contract you signed?

    Contract to buy a car. Dear, is there a corresponding breach clause in the car purchase contract?

    Dear, now you're only paying a deposit, aren't you?

    Do you have a loan?

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