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How long will it take to pay the deposit, not to mention the car?

Legal analysis:

Not fixed. Generally speaking, there is no limit to the specific time to pick up the car, because there is great uncertainty about the time to pick up the car. For example, some hot-selling models or newly listed models may take a long time to pick up the car, because the demand for models is in short supply, and manufacturers need some time to produce; And like some relatively unpopular models, or models with more inventory in 4S shops, the time to pick up the car is much faster. If consumers choose to buy this kind of car, but they don't need to be equipped, they can pick it up on the day of buying the car at the earliest.

Therefore, it is precisely because of this uncertainty that there is often no constraint on the time to pick up the car in the car purchase contract. However, in order to protect their own interests, consumers and businesses usually require that the specific time to pick up the car be specified in the contract. If there are provisions in the contract, it must be performed in accordance with the contract, otherwise it can be regarded as a breach of contract.

People's Republic of China (PRC) Civil Code

Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

I. Matters needing attention in paying down payment for house purchase:

1, the deposit clause is not mandatory, but only instructive, and consumers can decide whether to conclude the deposit clause according to law;

2. The specific circumstances of non-performance of the contract shall be indicated in the deposit terms;

3. Although the deposit clause has been concluded, the contract will take effect only after the consumer pays the deposit;

4. Distinguish the difference between deposit and advance payment. Advance payment is paid in advance, but the liquidated damages of advance payment cannot be applied.

Second, the deposit and deposit area:

1, the basic legal relationship between them is different, and the deposit contract is subordinate to the main contract. Unless the parties have special agreement, the main contract is invalid, and so is the deposit contract; The agreement of the parties on the deposit is an integral part of the main contract.

2. Their functions are different; Deposit does not have the function of debt guarantee, but its function is to provide certain financial support for one party to fulfill its debt. Paying the deposit itself belongs to the behavior of the party paying the deposit to perform the debt.

3. Their functions are different; Once the deposit is paid, it will play the role of punishing the defaulting party and compensating the observant party; After the deposit is paid, if one party breaches the contract, resulting in the termination of the contract, the party receiving the deposit must refund the deposit in full.