When you buy a house, have you thought about it carefully? Many friends will encounter the problem of purchase deposit when they choose a house. The sales staff of the sales office urge them to pay the deposit. Some friends don't know how to refuse. They pay the deposit before they are sure to buy the house. Now there are many disputes caused by the purchase deposit, so the purchase deposit and the purchase deposit What is the difference between the gold? Can the deposit be refunded after buying a house?
1、 The difference between house purchase deposit and deposit
1. Deposit is a kind of guarantee that a certain amount of money is paid before the contract is concluded or performed, also known as margin. The deposit has legal effect and can guarantee the performance of the debt. According to the law, the amount of the deposit shall not exceed 20% of the subject matter of the main contract. If the deposit payer fails to perform the contract, he has no right to ask for return; if the deposit receiver fails to perform the contract, he shall return twice.
2. The deposit refers to that the buyer and the seller intend to trade the house. After the preliminary agreement on the house purchase and sale intention is reached, the two parties further negotiate and sign a temporary subscription agreement, and the buyer obtains the preemptive right within this period by paying the deposit.
3. Deposit is different from deposit. Deposit is regarded as advance payment, which has no legal effect and does not guarantee the performance of debt. In the normal performance of the contract, the deposit becomes part of the price. In the case of failure to perform the contract, no matter which party breaches the contract, the original amount of deposit will be returned.
4. Deposit is a normative legal concept, which is a form of guarantee voluntarily agreed by the parties to the contract to ensure the performance of the contract. Deposit is not a standard legal concept, in fact, it has the nature of advance payment, is a means of payment of the parties, does not have the nature of security.
2、 Can the deposit be refunded
1. If the contract cannot be concluded due to the developer's reasons, the developer must return the purchase deposit. Article 89 of the security law stipulates that the parties may agree that one party shall pay the other party a deposit as security for the creditor's rights. After the debtor performs the debt, the deposit shall be set off against the price or recovered.
2. If the contract cannot be concluded due to the reasons that cannot be attributed to the developer or the buyer, the developer must return the purchase deposit. If the developer and the buyer can not sign the contract without fault, then the developer must return the purchase deposit to the buyer in full.
3. Force majeure is an objective situation that cannot be foreseen, avoided and overcome by the parties when signing a contract. For example, due to the occurrence of natural disasters, commercial housing does not meet the conditions when the parties pay the deposit. If the buyer refuses to sign a commercial housing contract, the developer does not need to double the deposit, but return the deposit in full.
The above is about the difference between the house purchase deposit and the deposit, and whether the deposit can be refunded. When buying a house, by default, the buyer pays the deposit, but it is not so easy to refund the deposit. If the buyer wants to refund the deposit, he must ask for it in the case of no fault, otherwise there will be the risk of default.