When buying a house, if it is a favorite house, the real estate consultant will ask us to pay part of the money to make a reservation and fix the house. This part of the money is called a deposit. After paying the deposit, if you don't want to buy it, can you refund the deposit?
Can I refund the deposit when I buy a house?
1. The deposit paid for buying a house cannot be refunded. Generally speaking, the deposit is equivalent to liquidated damages. If you don't want to buy a house, there is no way to return the deposit.
2. If the contract stipulates the termination deposit, after the application of the deposit penalty, it shall not require the compulsory performance of the contract, but when the loss of contract termination is greater than the deposit compensation, it can also require the other party to bear the liability for damages.
3. For example, when signing the contract, the developer and the buyer agreed to pay 100000 as the termination deposit. If the buyer likes other houses and doesn't want to buy this set, the 100000 will belong to the developer as the condition for terminating the purchase contract, but the developer can no longer require the buyer to buy his own house.
4. If the contract stipulates a deposit for breach of contract, after applying the deposit penalty, you can choose to continue to perform the contract or terminate the contract. When the loss of contract termination is greater than the deposit compensation, you can also require the other party to bear the liability for damages.
5. For example, the buyer and the developer agreed to pay 100000 as the default deposit. If the developer does not sell the house at the expiration of the period, it shall not only double the liquidated damages of 200000 for the buyer, but also bear the losses greater than double the compensation caused to the buyer if the buyer requests to perform the contract.
What is the house purchase deposit?
The function of house purchase deposit is to ensure the smooth progress of the contract. According to the judicial interpretation of the guarantee law of the Supreme Court:
1. The deposit before signing the formal house purchase contract. The deposit paid before the formal house purchase contract is also the contractual deposit, which refers to the deposit paid to ensure the conclusion of the formal contract.
2. Generally speaking, when we sign the subscription letter or letter of intent, we agree to pay the deposit as the guarantee for signing the formal contract. This deposit is the contractual deposit. If a formal commercial housing sales contract is not signed due to one party, the deposit penalty shall apply.
3. In other words, if the buyer pays the deposit but doesn't want to buy a house, the developer can not refund the deposit. If the developer receives the deposit but does not sell the house, he shall double the deposit. However, if the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the buyer may ask for a refund of the deposit.
4. The reasons that can not be attributed to both parties mainly include the third-party reasons such as the failure to approve the bank mortgage, or the situation that the terms of the commercial housing sales contract that the parties cannot reach an agreement are not agreed in the housing subscription letter or letter of intent, etc. Here to remind buyers that if they can prove that the loss caused by the developer's failure to sell the house is greater than the deposit of double compensation, they can also claim the developer to compensate for the loss.
5. The deposit agreed in the commercial housing sales contract. The deposit agreed in the formal house purchase contract is generally divided into two situations: one is the termination deposit; The other is the deposit for breach of contract. The nature of the deposit shall be agreed upon when signing the house purchase contract. Because once the house purchase contract is signed, it will take effect, and the legal consequences of agreeing on different deposits are different.
As for the content of whether the deposit can be refunded after buying a house and what the deposit is, Xiaobian will introduce it here. After reading it, you should understand it. The deposit paid for buying a house cannot be refunded, but if it is the problem of the developer, the deposit can be refunded, because the deposit is equivalent to liquidated damages. If either party breaches the contract, it can be regarded as compensation. Here, Xiaobian wants to remind you that you need to be careful when buying a house.