Knowledge of buying a house: how to return it if you don't want to buy it after paying taxes and fees?

Knowledge of buying a house: how to return it if you don't want to buy it after paying taxes?

Through consultation, the buyer and the seller can apply to the Housing Authority to cancel the real estate transaction, apply to withdraw the submitted materials and refund the deed tax paid.

I don't want to buy a house after paying the deposit. Can I return it? You can't refund the deposit if you pay it.

A deposit is a certain amount of money or substitute paid as a guarantee before the conclusion or performance of a contract. The party paying the deposit is called the deposit payer, and the party accepting the deposit is called the deposit receiver.

Chapter VI of the Guarantee Law: Fixed Payment

Article 89 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After 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 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.

I have paid for the goods, but I don't want to buy them now. How to refund the deposit is a normative legal concept and a form of guarantee. Moreover, "deposit" is not a legal term, there is no clear legal provision, and it is generally regarded as advance payment in trial practice. The legal effects of the two are also completely different; If the buyer pays the "down payment", the down payment will be confiscated if the buyer defaults, and the down payment will be doubled if the seller defaults; If the buyer pays the "down payment", then no matter which party reneges, the seller only needs to refund the "down payment" according to the original amount.

Buying a second-hand house has a tax problem. I don't want to buy it Can I get a tax refund? Buying a second-hand house has a tax problem. If you don't want to buy it, the tax can't be refunded. The agreement to buy a second-hand house has been signed, and the agreement that the owner wants to go back on his word plays a vital role. There should be details such as transfer time in the agreement. If the owner refuses to leave, he can legally sue the owner according to the agreement and the deposit receipt. Of course, it is best to put pressure on the intermediary to recover the deposit. The deposit is different from the deposit, and the owner should return it to himself and pay the liquidated damages. Therefore, the responsibility for this matter is entirely in the hands of the owner, so I want to remind him that he will pay a deposit to the owner when he looks at the house in the future.

Can I get a refund if I don't want to buy a house after paying the deposit? If you don't want the deposit, whether you can return it depends on the specific situation.

1. If a deposit contract has been signed, if there are clear stipulations in the contract, such stipulations shall prevail;

2. If the deposit contract is not signed, it is generally assumed that the deposit will not be refunded, but whether it can be refunded subjectively and intentionally is very important. Even if the contract is signed, as long as the other party agrees, it can be refunded;

3. According to the provisions of the contract law, in any of the following circumstances, you can explicitly ask the other party to refund the deposit:

Article 115 of the Contract Law The parties may, in accordance with the Guarantee Law of People's Republic of China (PRC), stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After 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 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.

Article 116 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.

Article 117 Where a contract cannot be performed due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities.

Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances.

Article 118 If one party is unable to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall provide proof within a reasonable time.

Article 119 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation shall be claimed for the expanded losses.

The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.

Can I get a refund if I don't want to buy a house after paying the housing maintenance fund? Hello, if the development enterprise collects and pays the maintenance fund, the development enterprise can go to the Housing Authority to go through the formalities of returning the maintenance fund (if the development enterprise gives you the certificate of deposit of the maintenance fund, you need to return it); If you pay the maintenance funds to the Housing Authority by yourself, you can bring the invalid contract, the triple deposit certificate of maintenance funds (the owner's retention copy, the development enterprise's collection copy and the property right copy), and the original and photocopy of your ID card (two copies) to the local housing authority for handling.

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Can I get a refund if I don't want to buy a house after paying the deposit? The most common introduction: contract issues

What are the characteristics: refund of deposit.

Give an example to illustrate the application scenario: contract law.

Other meaning: Once the contract is signed, it can't be returned.

Give an example to illustrate the application scenario: otherwise, it can be returned.

I have paid the deposit for buying a house and don't want to buy it. Can I get a refund? The deposit can be refunded, but you have to have a legitimate reason!

What does the deposit mean?

Deposit, also known as deposit, is a certain amount of money paid as a guarantee before the conclusion or performance of a contract.

The deposit is non-refundable. However, when the deposit payment exceeds 20% of the contract target amount, simply speaking, when an excess deposit is required, you can directly raise an objection and refuse it on the spot!

The deposit also has legal effect. For example, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights; After 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 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. shqianyy

What if I don't want to buy a house after paying the down payment? I can't help it If I don't sell because of the seller, I will double the down payment. If the buyer doesn't want it, the down payment will not be refunded.

Only signed the draft contract and paid part of the house price. What if I don't want to buy it? Is there any provision for liquidated damages? According to this clause, if you don't buy it, calculate whether it is cost-effective.