Ying Ting Information

After paying the deposit for the house purchase, if the buyer defaults and does not want to buy, the deposit cannot be returned;
If the operation contract cannot be signed due to special circumstances such as policy changes, natural factors, etc., and if there is no agreement on the contents of the agreement and supplementary agreement, the contract cannot be signed, and no party is responsible, the deposit may be refunded;
The deposit is refundable if the seller refuses to continue performing the contract due to breach of contract.

"Purchase deposit" This is a form of security used to conclude or perform a contract
1. Due to the failure of the developer to sign the contract, the home buyer has paid a deposit in advance. Regardless of whether both parties agree or not, the "deposit" developer should return the deposit to the home buyer unconditionally.
2. The developer changes the contract regulations without permission. For example, if the price, room type, floor space, etc. cannot be signed due to changes, the seller will be deemed to have breached the contract and the deposit shall be doubled.

Third, if the contract cannot be signed due to force majeure, the seller should also return the deposit. For example, if the home buyer suddenly changes from a home purchase qualification to no home purchase qualification, a new real estate policy is promulgated, etc.
4. If the developer makes false publicity or violates regulations, or the developer’s certificate is incomplete or has no sales qualification, the buyer may require the developer to return the deposit.

The Beijing demolition lawyer consulting business of Yingting Law Group covers government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

Of course, if you are not sure whether your situation meets the criteria for deposit refund, you can also seek answers through the "Legal Consultation" of Yingting Law Firm.

Legal basis: According to the relevant provisions of the Civil Code (effective on January 1, 2021), "deposit" is a form of security adopted for the purpose of concluding a contract or performing a contract. If a "deposit" is set up for the purpose of concluding a contract, the developer shall return it regardless of whether the purchase contract is finally concluded. or use the "deposit" as the house payment; if the "deposit" is set to fulfill the contract, the house purchase contract is a sales contract, the sales contract is the main contract, and the guarantee contract is a subordinate contract. Regardless of whether the "deposit" is paid before the contract is signed or at the same time, if the main contract is not established, the subordinate contract cannot be established.

Article 22 of my country's "Commercial Housing Sales Management Measures" stipulates: If the commercial housing does not meet the sales conditions, the developer shall not sell the commercial housing and shall not charge any reservation fee. Therefore, if the commercial housing does not meet the sales conditions and the buyer has paid a "deposit", then regardless of whether the two parties have agreed on the "deposit" return matter, the developer shall unconditionally refund the deposit to the buyer.

In addition, according to Article 4 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Dispute Cases", if the commercial housing sales contract cannot be concluded due to reasons that cannot be attributed to both parties, the seller shall also return the deposit. If you want to know more about this, you can consult the Beijing demolition lawyers of Yingting Law Group for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.