Ying Ting Information

The deposit paid when buying a house is generally non-refundable and is used to offset the price;
However, if both parties explicitly agree in the house purchase contract that the deposit can be refunded, the buyer will not have the right to request a refund of the deposit if he breaches the contract;
If the seller breaches the contract, the buyer can ask him to return double the deposit to buy a house. The deposit can be refunded under the following circumstances:
1. Due to force majeure, the contract cannot continue to be performed;

2. If the party receiving the deposit fails to perform its debts or does not comply with the agreement and cannot achieve the purpose of the contract, the deposit shall be returned in double the amount.

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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 shall be established when the deposit is actually delivered. The amount of the deposit shall be agreed upon by the parties;
However, it shall not exceed 20% of the subject amount of the main contract. The excess amount will not have the effect of a deposit. If the actual deposit amount is more or less than the agreed amount, it will be deemed to have changed the agreed deposit amount.

Article 587 If the debtor performs its debt, the deposit shall be used as the price or the party who has recovered the deposit shall not perform the debt or perform the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, and shall not have the right to request the return of the deposit;
If the party receiving the deposit fails to perform its debts or performs the debts inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned in double the amount. If you want to know more about this, you can consult a lawyer from a professional demolition law firm in Beijing 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.