The two parties reached an agreement and did not sign the contract, but paid the deposit and the contract was valid. In a contract without a signature or seal, if one party performs its obligations in accordance with the contract and the other party does not explicitly reject it, the contract is legally valid and protected by law.
1. Is the contract valid if the contract is not signed but the deposit is paid? If there is evidence to prove that the deposit has been paid, the contract will still be effective even if the contract is not signed. A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization. A contract established in accordance with the law shall be protected by law. If the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint the contract. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. If the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint the contract. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it. Laws and administrative regulations stipulate or the parties agree that a contract should be concluded in written form. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, the contract is established. If one party has actually performed its contractual obligations and the other party has accepted the performance, it means that both parties have complete knowledge of the content of the contract and have consistent intentions, so the contract is established.
2. How to deal with the buyer’s default deposit? If the buyer defaults, the deposit will not be refunded. The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually delivered. Article 587 of the Civil Code stipulates that when the debtor performs its debt, the deposit shall be used as the price or be recovered. If the party who paid the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, it shall have no right to request the return of the deposit; if the party receiving the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, double the amount of the deposit shall be returned Deposit. There is no signature in the contract, but the deposit has been paid, and the contract is valid. After signing the contract, if the buyer breaches the contract, the deposit paid by the buyer will not be refunded. The deposit mainly serves as a guarantee. When the party paying the deposit fails to perform its obligations under the contract on time, the other party can withhold the deposit. If the seller breaches the contract, he or she can ask for a double refund of the deposit.