You can get a refund if the contract is not signed. Refund can be decided by both parties through consultation. One party fulfilled the main obligations of the contract, and the other party accepted the main obligations of the other party. From this, it is concluded that the contract is valid and the refunding party needs to bear the liability for breach of contract. If the above conditions are not met, the party making the refund shall not be liable for breach of contract.

Legal analysis

The actual breach of contract mainly includes two kinds: the parties to the commercial housing sales contract fail to perform their debts and the parties refuse to perform their debts after the deadline. Here, both non-performance and refusal to perform occur after the expiration of the performance period, and their final reflection forms are delayed performance or non-performance. Delay in performance includes debtor's delay in performance, creditor's delay in performance and other breach of contract. Refers to the breach of contract when performing collateral obligations other than the above-mentioned breach of contract. The contract was not signed, but the payment was made. As a matter of fact, this contract has been established. If the parties regret afterwards and want a refund, they can only negotiate with each other, and the other party has the right to deduct the liquidated damages. Therefore, we must carefully consider payment and try to avoid payment before signing the contract to avoid disputes in the future. Generally speaking, if a payment has been made without signing a contract, the parties concerned have the right to ask for a refund. However, the refund must be provided with a receipt, and then both parties can negotiate to solve it. Although it is not signed, the contract agreed orally is still valid, and the other party has the right to deduct part of the liquidated damages, which means that it is expected to be impossible to perform. It refers to the situation that before the expiration of the contract performance period, there are objective facts that show or one party finds that the other party can't perform the contract obligations at that time.

legal ground

Article 490 of the Civil Code of People's Republic of China (PRC): If the parties conclude a contract in the form of a contract, the contract is concluded when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.