What is the difference between the deposit and the deposit in the sale of houses? What should I do if the second-hand house deposit is paid but I don't want to buy it? Can I ask for a refund of the de

What is the difference between the deposit and the deposit in the sale of houses? What should I do if the second-hand house deposit is paid but I don't want to buy it? Can I ask for a refund of the deposit if the house sale contract is invalid? when signing a contract to buy a house, two concepts are usually involved, one is the deposit, and the other is the deposit. So what is the difference between the deposit and the deposit in the sale of a house? Let's take a look at the article with Xiaobian. By the way, what should I do if the second-hand house deposit is paid but I don't want to buy it? Can I ask for a refund if the house sales contract is invalid? Let's take a look at it with interested friends.

1. What's the difference between deposit and deposit in house sales

What's the difference between deposit and deposit in house sales? The difference between deposit and deposit in house sale is very big, for example, in nature and law, etc. The following is a detailed introduction.

1. Nature

The difference between deposit and deposit is different in nature. Deposit is a legal concept, which can guarantee the establishment and performance of the contract through the "deposit principle". However, the deposit has no legal significance, and it is just a idiom in our daily life. It has the nature of advance payment and does not have the function of guaranteeing the signing and performance of the contract.

2. Legal Consequences

As the deposit is a legal concept, it means that after the buyer pays the deposit, he needs to fulfill the corresponding obligations. If he breaches the contract, he needs to bear certain responsibilities. Only after the contract is fulfilled can the deposit be used as the price or recovered. Because the deposit is not a legal concept, it is not clearly stipulated in the law. If the other party defaults, it only needs to return the original deposit, not double it.

3. Limit of amount

As the deposit is a legal concept, it is binding on both buyers and sellers, so the deposit can not be paid as much as you want. According to the Guarantee Law and its judicial interpretation, the amount of the deposit agreed by the parties shall not exceed 2% of the subject matter of the main contract. However, the deposit is different. The deposit has not been restricted by law. Both parties can negotiate the specific amount. It is ok to pay more, but there is no problem to pay less.

2. What should I do if I pay the second-hand house deposit but don't want to buy it?

1. What should I do if I pay the second-hand house deposit but don't want to buy it? Under normal circumstances, if the second-hand housing deposit is paid but you don't want to buy it, the deposit belongs to the seller. Because the sales contract signed by the representative has come into effect at the same time when the deposit is delivered, no matter which party breaches the contract and does not want to conclude the transaction, the deposit rule is applicable, that is, if the buyer breaches the contract, the deposit belongs to the seller, and if the seller breaches the contract, it needs to pay double the deposit to the buyer.

2. Second-hand housing deposit has attributes, which generally exists with the existence of the contract and disappears with the termination of the contract. The deposit is different from the deposit. If you don't want to buy it, you can stop buying it unilaterally. However, when buying a contract, if one party breaches the contract, then if the party who pays the deposit fails to fulfill the agreement, it will demand the return of the deposit for free, that is, if the party who accepts the deposit fails to fulfill the agreement, then it will need to provide double the debt returned to the house.

3. Therefore, when you sign a contract with the original landlord of a second-hand house, you must pay attention to it. In fact, if you don't want both parties to bear the responsibility and risk, you can sign a deposit of this word, so that when one of the two parties chooses to tear up the contract, you don't have to bear the corresponding liability for compensation.

3. Can I ask for a deposit refund if the house sales contract is invalid?

1. Can I ask for a deposit refund if the house sales contract is invalid?

(1) Generally speaking, it is possible to ask for a deposit refund for an invalid house sales contract. The deposit contract is a subordinate contract, and it has a subordinate property. The deposit contract is valid only when the main contract is valid, and the deposit contract is invalid if the main contract is invalid. This is the general situation of the deposit contract.

(2) However, it is also necessary to deposit a deposit contract other than the agreed deposit contract, but not for the deposit contract. Because the legal effect of the contract deposit has nothing to do with whether the main contract has legal effect, the effective of the contract deposit is independent and established before the main contract. Therefore, the establishment of the main contract is not the decisive condition for the establishment of the deposit contract.

2. Relevant laws and regulations

(1) According to Article 115 of the Interpretation of the People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China, if the parties agree to pay a deposit as a guarantee for the conclusion of the main contract, if the party paying the deposit refuses to conclude the main contract, it has no right to demand the return of the deposit, and if the party receiving the deposit refuses to conclude the contract, it shall return the deposit twice.

(2) According to Article 4 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts, the seller accepts a down payment from the buyer as a guarantee for concluding a commercial housing sales contract through subscription, order, reservation, etc.

if the commercial housing sales contract cannot be concluded due to one of the parties, it shall be handled in accordance with the provisions of the law on deposit. If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.

(3) According to the Measures for the Administration of Commercial Housing Sales, if a real estate development enterprise that meets the conditions for the sale of commercial housing charges the buyer a fee in the nature of advance payment before concluding a commercial housing sales contract, the fee charged shall be used as the house price when concluding a commercial housing sales contract. If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fee charged to the buyer.

The above is about the difference between the deposit and the deposit in house sales, what to do if the second-hand house deposit is paid but I don't want to buy it, and can I ask for a refund of the deposit if the house sales contract is invalid? I hope it will be helpful to everyone!