1. Can I refund the deposit if the contract is not signed?
If no contract is signed, the deposit can be refunded. If the other party breaches the contract, the deposit can be refunded even if the contract is not signed. If the two parties who paid the deposit negotiated the contents of the contract, but failed to reach an agreement, resulting in the failure to conclude the contract, the penalty for the deposit is not applicable. If one party fails to negotiate within the agreed time limit or changes the contents of the subscription book without reason, so that the sales contract cannot be concluded, the penalty of deposit shall apply. If one party has justified reasons such as force majeure, accidents or policy adjustment, the penalty of deposit is not applicable. To sum up, whether the deposit can be refunded depends on whether to negotiate with the developer on the conclusion of the commercial housing sales contract according to the agreed time.
2. What is the applicable content of the deposit penalty when both parties breach the contract?
(1) The so-called breach of contract by both parties means that in the contractual relationship, the two parties who are responsible for payment respectively violate the contract provisions and damage the expected contractual interests of both parties, and should bear their respective responsibilities.
(2) In case of breach of contract by both parties, if one party breaches the contract under legal or agreed circumstances and the other party breaches the contract in other matters, the penalty of deposit shall be applied unilaterally to the former, and the corresponding liability for breach of contract may be investigated for the latter. If both parties breach the contract in a legal or agreed situation, the deposit penalty applies to both parties, that is, one party loses the deposit and the other party returns the deposit twice. After offsetting each other, the party paying the deposit can recover all or part of the deposit.
(3) In practice, when dealing with the above problems, we should pay attention to distinguish between the application of the right of defense and the breach of contract by both parties, so as to prevent the unilateral breach of the right of defense from being misjudged as the breach of contract by both parties.
3. What is the content of determining the deposit amount?
1, the deposit amount is agreed by the parties in principle, but the relevant laws of our country have restrictions on the maximum amount, that is, it cannot exceed 20% of the subject matter of the main contract. Judicial interpretation stipulates that the amount of deposit agreed by the parties exceeds 20% of the subject matter of the main contract.
The people's court will not support the excess. The intention is obviously to limit the amount of deposit paid and the penalty of deposit within a certain limit.
2. The actual deposit amount paid is more or less than the agreed amount.
As a change in the deposit contract; If the party receiving the deposit raises an objection and refuses to accept the deposit, the deposit contract will not take effect. This provision shows that the deposit contract is a practical contract, and the deposit contract is established only after the deposit is delivered to the other party for acceptance.
If both parties have signed a sales contract for buying and selling goods and paid the deposit, but the contract is not legally protected, in this case, even if no contract is signed, they can ask the other party to return the deposit. If both parties to the dispute need to negotiate first, and negotiation fails, they can bring a lawsuit to the court.