How can I refund the deposit?

If you want to refund the deposit, you should generally be liable for breach of contract with the deposit. If both parties fail to reach an agreement on the contents of the agreement and the supplementary agreement, and it is not attributable to either party, the deposit can be returned; If the buyer returns the house due to the seller's breach of contract, the deposit can be refunded twice.

1. How to refund the deposit?

1. If the parties agree to pay the creditor's rights of the down payment guarantee contract, the down payment contract shall take effect after the down payment is actually paid. There are three ways to refund the deposit:

(1). If the signed deposit contract is invalid, the party receiving the deposit shall return the deposit;

(2) If both parties to the contract reach an agreement to terminate the contract, the party receiving the deposit shall refund the deposit;

(3) If the party receiving the deposit breaches the contract, the deposit shall be returned in double.

2. Relevant laws and regulations: Civil Code of People's Republic of China (PRC).

(1) Article 157 Legal Consequences of Invalidation, Cancellation or Confirmation of Invalidation of a Civil Legal Act After the civil legal act is invalid, revoked or confirmed to be invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, such provisions shall prevail.

(2) Article 562 The parties may terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the cause of termination of the contract arises, the creditor may terminate the contract.

(3) 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, resulting in the failure to achieve the purpose of the contract, 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, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned twice.

Second, what conditions need to be met for the application of deposit penalty?

1, there must be a breach of contract. The existence of breach of contract is the premise of applying the penalty of deposit. Breach of contract refers to the behavior of not performing debts as agreed in the contract, and its manifestations are various, including non-performance, delayed performance and incomplete performance.

2. There must be the fact that the purpose of the contract has failed. The failure of the purpose of the contract means that the purpose of the contract cannot be achieved, which is the basic condition for applying the penalty of deposit. The purpose of the contract here only refers to the direct purpose and main purpose of the main contract.

3. There is a causal relationship between breach of contract and failure of contract purpose. Breach of contract or failure to achieve the purpose of the contract does not necessarily lead to the application of the down payment penalty, but only when there is a causal relationship between them, that is, only when the purpose of the contract cannot be achieved due to breach of contract can the down payment penalty be applied.

If the parties agree on the deposit in the contract, the penalty of deposit will generally apply. The most important legal feature of deposit system is the establishment of punitive guarantee means by means of deposit penalty. But at the same time, if there is a breach of contract in the contract, the deposit and liquidated damages cannot be applied at the same time, so we can only choose one.

According to the provisions of the Civil Code, after the deposit is paid, the circumstances in which the deposit can be refunded include: the signed deposit contract is invalid; Both parties agree to return the goods; The party who collects the deposit breaches the contract.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 586 of the Civil Code.

The parties may agree that one party shall pay a deposit to the other party as a guarantee 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 have no deposit effect. 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

If the debtor performs the debt, the deposit shall be used 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, resulting in the failure to achieve the purpose of the contract, 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, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned twice.