Is the letter of guarantee written by a friend useful?

This is an effective guarantee agreement for the following reasons:

The legal circumstances that guarantee the invalidity of this contract are as follows:

(1) According to Article 29 of the Guarantee Law and Articles 17 and 18 of the Interpretation of the Guarantee Law, branches and internal functional departments of a legal person enter into a guarantee contract with creditors without the written authorization of the legal person or beyond the scope of authorization.

(2) The principal creditor or both the creditor and the debtor use fraud, coercion or malicious tradition to make the guarantor provide a guarantee against the true meaning.

(three) without the approval of the State Council, the international organization signed a guarantee contract with the creditor.

(four) schools, kindergartens, hospitals and other institutions for the purpose of public welfare conclude a guarantee contract with creditors.

(5) According to Item 3 of Article 149 of the Company Law, directors and senior management personnel violate the provisions of the Company's Articles of Association and use the company's property to guarantee the debts of others without the consent of the shareholders' meeting, shareholders' meeting or the board of directors.

From the above situation, it can be seen that the debtor's consent is not an effective element of the guarantee contract. In other words, although this guarantee contract is only signed by the landlord and the guarantor, it is also a valid contract without the debtor's signature.

Of course, the above list is only the invalid elements of this special form of contract as a guarantee contract. The guarantee contract itself is also a contract, and it should also meet the effective requirements of ordinary contracts. According to the situation described by the landlord and the written form of the contract, there is no invalid situation, so the contract is valid.

Supplementary answer:

These short messages and recordings prepared by the landlord are very useful evidence, which can be used to support the landlord's statement, but there is also a very critical evidence. If you want to sue, the landlord should also collect evidence that the landlord has paid the deposit in accordance with the contract, such as bank transfer records. Because without this evidence, the landlord can't prove that you have fulfilled the obligation to pay the deposit according to the contract, so this evidence is very important.

If you want to bring a lawsuit to the court, the first thing is to make a list of the evidence collected by the landlord, and the second thing is to write a civil complaint that meets the format. Then submit the indictment and a copy of the evidence to the court filing chamber. After receiving the notice of filing a case by the court, you can pay the litigation fees. The case is accepted by the court, and then you can wait until the court informs you to participate in the lawsuit.

The above is the general procedure, you can consult a lawyer or go to court to file a case for guidance. There is a charge for consulting a lawyer, but you can leave everything to a lawyer, so don't worry. It is very troublesome to go to the court to file a case, but the guidance for filing a case is also very easy to understand. Just go back and forth several times.

The landlord can find a template and write it online. Even if it is wrong, the pre-trial judge of the filing court will teach you how to change it when filing the case. In short, I am not afraid of trouble, and I can succeed by running a few more times. If it is to save trouble, of course, it is to entrust a lawyer. The procedure is detailed and cumbersome, and it is impossible to explain every step of the online answer clearly.

Let me add one more thing.

Article 89 of the Guarantee Law of People's Republic of China (PRC) stipulates that the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

So according to the law, you can ask the other party to double the deposit. However, the Deposit Agreement signed by the landlord clearly stipulates: "If Party A fails to sell the house, it shall return the above deposit in full ..." This clause clearly stipulates that it shall be returned in full, excluding the application of the penalty of double deposit in the Guarantee Law. So it is wrong to say that the landlord can ask the other party to double the deposit. Because the contract clearly excludes the application of double refund of deposit penalty.

Add again:

If the landlord gives it to a friend and the friend gives it to him, it will be a bit troublesome. But it shouldn't affect you to get your money back in the end. Because as long as you have a transfer record, even if your friend doesn't transfer the money to that person, you can still ask your friend to get the money back. So although it's a little troublesome, it won't have much impact on the result of getting your money back. Just another person who pays back the money.

Add again:

What the landlord added is that this "House Purchase and Sale Deposit Agreement" was not signed by myself, but by a friend? Forget it, I have to say it.

(1) The statement that the evidence materials have no validity period means that the evidence collected by the landlord is always valid. However, there is a time limit for litigation rights. Landlords must claim their rights or file a lawsuit within two years after their rights are infringed, otherwise the law cannot guarantee the landlord's right to win the case.

(2) The landlord has two strategies to get the money back.

First, based on deposit contract and guarantee agreement.

Based on the contract, you have the right to ask the seller to return the deposit, or ask your friend as a guarantor to take joint responsibility to return the deposit.

Second, ask for a refund based on a friend's unjust enrichment.

That is to say, whether your friend transferred the money to the seller or not, as long as you have a bank transfer record to prove that you transferred130,000 to your friend, because your friend has no right to get this130,000, she is unjustly profiting. The landlord can ask the court to ask your friend to repay this130,000 yuan based on unjust enrichment.

It is suggested that the landlord adopt the first strategy, because in fact the contract you signed should be valid. The reason why I listed the second strategy is to tell you that in any case, as long as you can collect evidence, your claim will be supported by the court. So don't ask any more details. According to the first strategy, collect evidence and write a complaint to the court. The filing court will have very detailed guidelines for filing a case. Finally, the internet can only give you a direction, and it is impossible to solve all the problems. If the internet can really solve all the problems in the case, what else do lawyers need to do? Just look it up on the Internet yourself. So again, there are very trivial questions in the process of filing a case, which cannot be answered one by one. You need to face them yourself.

I hope my answer can help you. Please accept it if you are satisfied.