1. What is a deposit?
Deposit refers to the way that one party pays a certain amount of money to the other party in advance as a guarantee in order to ensure the realization of contractual creditor's rights, as agreed by both parties in writing.
Deposit is a legal guarantee, which aims to urge debtors to perform their debts and ensure the realization of creditor's rights. When signing a contract, the deposit must be agreed in writing, as well as the amount and delivery period of the deposit. If the party paying the deposit fails to perform the debt, it has no right to ask the other party to return the deposit; If the party who accepts the deposit fails to perform the debt, it is necessary to double the debt to the other party. After the debtor performs the debt, the deposit shall be taken as the price or recovered as agreed. The deposit does not have the nature of double return.
2. Can the deposit paid when buying a house be refunded?
1, 200 1 promulgated Article 22 of the Measures for the Administration of Commercial Housing Sales stipulates: "Real estate development enterprises shall not sell commercial housing or charge the buyer any reservation fees if they do not meet the conditions for the sale of commercial housing. If the conditions for the sale and purchase of commercial housing are met, and the real estate development enterprise charges the buyer a fee in the nature of advance payment before concluding the contract for the sale and purchase of commercial housing, the fee charged shall be regarded as the house price when concluding the contract for the sale and purchase of commercial housing. If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fees collected to the buyer. Unless otherwise agreed by the parties, the agreement shall prevail. "
2. Article 6 of the Contract Law stipulates: "The parties shall follow the principle of good faith when exercising their rights and performing their obligations." There are also 1 15, 1 16 and the judicial interpretation of this law, which all involve this issue.
3. Article 115 of the Interpretation of the Guarantee Law makes it clear that if the parties agree to use the deposit as the guarantee for concluding the main contract, if the party paying the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit, and if the party receiving the deposit refuses to conclude the contract, it shall return the deposit twice.
Third, do you want to sign an agreement to pay the down payment for buying a house?
Signing the subscription agreement and paying the deposit before signing the commercial housing sales contract is not a necessary procedure for the performance of the commercial housing sales contract. Buyers can directly sign commercial housing sales contracts with developers. When buying a commercial house, it is best to understand the project clearly and then sign a sales contract directly with the developer. In this way, if you can't reach a supplementary agreement in the signing negotiation, or find new problems that are unfavorable to you, you can walk away without worrying about solving the deposit problem, and you can also avoid possible deposit losses. Or when signing the subscription book, it is added that if both parties fail to reach an agreement on the specific terms of the contract when signing the formal contract, the seller shall immediately and unconditionally return all the deposit or deposit, and the buyer has the right to terminate the subscription book at any time within the validity period of the subscription book, and the seller shall unconditionally return all the deposit or deposit.
Four, how to deal with the purchase deposit contract disputes?
1. First, we must confirm the validity of the agreement. If the contract is invalid, the deposit should be returned in full. For example, an agreement to buy affordable housing for less than five years without the qualification to buy affordable housing should be invalid, because affordable housing is affordable housing, which is a housing problem for people who solve housing difficulties and is eligible to enter the nature, especially affordable housing for less than five years can only be sold to people who are qualified to buy affordable housing;
2. Secondly, it is necessary to confirm whether there is fraud or major misunderstanding in the agreement. If so, you can request the people's court to cancel it within one year from the date of signing the agreement. After the termination of the agreement, the deposit shall be returned in full. For example, it is fraud for the seller to conceal the fact that there are major security risks in the house.
Thirdly, when the agreement is legal and valid, it is necessary to determine who is the breaching party and who is the observant party. If the party paying the deposit breaches the contract, it is not entitled to return the deposit; if the party receiving the deposit breaches the contract, it shall return the deposit twice.
4. If only a deposit agreement (such as a deposit payment book and a house subscription book) is signed, before the formal house sales contract is signed according to the deposit agreement, if the sales contract is not established because the buyer and the seller have not agreed on the specific terms of the sales contract, each party will not be liable for breach of contract and the deposit will be fully returned;
5. Sign the gold agreement seriously, and don't pay the deposit without reaching a consensus with the seller. In addition, the deposit should be paid directly to the seller, and the reduction link is to reduce disputes; You can sign a pre-sale contract of commercial housing directly without signing a house subscription book when purchasing an auction house;
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6. In order to avoid disputes, it is best for any commitment to be in writing, signed by an individual, and the company must affix a special seal for the unit contract to take effect; Recording and witness testimony can be used as evidence.