Joke Collection Website - Blessing messages - I paid a deposit for buying a car and didn't receive the notice to pick it up within the specified time. Can I refund the deposit in this case?
I paid a deposit for buying a car and didn't receive the notice to pick it up within the specified time. Can I refund the deposit in this case?
If you don't sign a contract, unless you have evidence to prove the time limit for picking up the car, there is also an authority asking for double deposit.
If there is no contract or evidence to prove that you don't want to buy another car, you can only discuss with the 4S shop to refund the deposit you have already paid. If the 4S shop does not refund, you can ask 123 15 to intervene in mediation. If mediation fails, you can bring a lawsuit to the court.
Contract Law: Consumers have no right to ask the other party to return the deposit.
4s shop refused to refund the deposit because the receipt said "deposit" instead of "deposit", but there was a world of difference. Deposit has a very strict definition in China's contract law: the party who pays the deposit has no right to ask the other party to return the deposit if it fails to perform its debts. According to the legal interpretation, the word "fixed" is written on the receipt. If the owner defaults, it is impossible to get the money back unless the seller's conscience is rampant.
In addition, the "Contract Law" also stipulates that "if the party who accepts the deposit fails to perform the debt, it must pay the other party double the debt". Can it be understood as: if the 4s shop fails to deliver the car according to the time stipulated in the contract, I can raise an objection to the 4s shop and get double the deposit compensation from the 4s shop?
This is impossible, because the 4s shop has reserved a hand for itself in the contract. One of them is: if Party A fails to deliver the car according to this order due to reasons, Party A will refund all the down payment to Party B, and Party A will not bear other responsibilities. It can be noted here that Party A, the 4s store, uses the "order" and Party B, the consumer, uses the "deposit".
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