Don't want to buy a house after paying the deposit. Can you refund the deposit? Summary of common sense of house purchase deposit
4hw.com.cn: buying a house is a major event in life. After choosing a house, many buyers will want the seller to pay a deposit. However, some friends find that they don't want to buy a house after paying the deposit. After paying the deposit, they don't want to buy a house. Can they refund the deposit? Let's look at the common sense of house purchase deposit.
1、 What is a deposit?
The deposit refers to the agreement between the parties to pay a fixed amount of currency to the other party as guarantee in order to ensure the performance of the debt. The amount of the deposit shall be agreed by the parties, but shall not exceed 20% of the subject matter of the main contract. The deposit contract shall be in writing, and the time limit for delivery of the deposit shall be agreed in the contract. The deposit contract shall come into force from the date of actual delivery of the deposit. After the debtor performs its obligations, the deposit shall be set off or recovered. If the party paying the deposit fails to perform its agreed obligations, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform its agreed obligations, it shall return double the deposit.
2、 After paying the deposit, I don't want to buy a house. Can I refund the deposit?
According to the above legal provisions, if you don't want to buy a house, whether the deposit can be refunded depends on the specific situation:
The developer does not have the qualification for commercial housing sales
If developers do not want to buy a house because they do not have the qualification for commercial housing sales, the deposit can be refunded. According to China's measures for the administration of commercial housing sales, if it does not meet the sales conditions of commercial housing, the developer shall not sell commercial housing or charge any fees of the nature of advance payment.
Therefore, if the commercial housing does not meet the sales conditions and the buyer has paid the 'deposit', the developer shall unconditionally return the deposit to the buyer whether the two parties agree on the return of the 'deposit'.
Unable to buy a house due to force majeure
According to the regulations, if the commercial housing sales contract cannot be concluded due to reasons that cannot be attributed to both parties, the Seller shall also return the deposit. Due to force majeure, the buyer is unable to pay the house price. For example, if the real estate policy is issued, the purchase qualification is limited, the proportion of down payment is increased, and the time limit for social insurance or personal income tax becomes longer, the deposit can also be returned.
3、 What should we pay attention to when signing the gold agreement?
1. Agreement signing subject: the subject when signing the deposit contract should be consistent with the signing subject of the main contract, because the deposit contract is a subordinate contract of the main contract. If the subjects are inconsistent, the deposit contract cannot play the nature of guarantee.
2. Specify the delivery period and method: since the agreements between the two parties are generally implemented in writing, both parties should specify a specific time point in the contract to ensure the buyer to pay the deposit on time. In addition, they should also agree on the way to pay the deposit, such as cash payment, bank transfer, etc.
3. Specify the amount of the deposit: the amount of the deposit is generally negotiated by the buyer and the seller. However, according to China's guarantee law, the amount of the deposit shall not exceed 20% of the subject amount of the main contract, and the excess part shall not be protected by law. Therefore, the amount of the deposit is too high or too low, which may cause disputes.
4. Write down the nature of the payment: there are great differences between the deposit 'and the' deposit ',' earnest money 'and' subscription money '. Therefore, it is necessary to carefully check the words in the contract when signing the deposit contract, otherwise a dispute may be deemed invalid due to the inability to determine the nature of the payment.
5. Basic information shall be complete: in the deposit contract, the basic information of the house shall be clearly marked: such as the geographical location of the house, the transaction price of the house, whether it includes decoration, whether it includes parking space, parking space price and other specific contents.
In short, before paying the deposit, buyers should look at the purchase contract and read it carefully one by one in case of overlord clauses.