Ying Ting Information

No! If you are unable to raise the down payment, requesting the return of the deposit is a breach of contract. The law stipulates that if the party who paid the deposit fails to perform the agreed debt, he has no right to request the return of the deposit;
If the party receiving the deposit fails to perform the agreed debt, it shall return double the deposit. Of course, whether the deposit can be refunded depends on whether there are relevant agreements in the contract signed by the buyer and the seller.

If the two parties have relevant agreements in the signed contract, the agreement shall be implemented. If there is no agreement, in principle, returns cannot be requested. Under what circumstances can the house deposit be refunded?
(1) If the developer is not qualified to sell commercial housing, the deposit can be refunded;
(2) If the developer commits fraud or the two parties are unable to negotiate the contract terms when signing the house purchase contract, the developer should also refund the house purchase deposit;

(3) If the commercial housing sales contract cannot be concluded, the seller shall also return the deposit;
(4) Due to force majeure, the buyer is unable to pay for the house and may also request a refund of the deposit;
(5) Under real estate purchase restrictions, some home buyers have a sense of luck, forge identity information or home purchase information, fail to pass the purchase restriction review of the real estate department, or pay a deposit under the misleading of the developer's sales staff. Since they do not have the identity conditions to purchase commercial housing, the signed housing sales agreement or subscription agreement can be revoked in accordance with the law, and the home purchaser has the right to request a refund of the deposit paid.

Lawyers from Beijing Legal Consulting Ying Ting focus on administrative litigation and rights protection cases of medium and large enterprises, and have boldly explored and summarized a number of unique methods to resolve government-enterprise disputes and administrative litigation cases. They have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and won the trust of the majority of business owners.

Legal basis: Article 495 of the Civil Code of the People's Republic of China
The parties agree to conclude a contract within a certain period of time in the future through subscription letters, purchase orders, reservation letters, etc., which constitute an appointment contract. If one party fails to perform its contractual obligations as stipulated in the appointment contract, the other party may request that it bear liability for breach of the appointment contract.

Article 577 If one party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
Article 586
【Deposit Guarantee】
The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights, and the deposit contract shall be established when the deposit is actually paid.

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, and the excess amount will not have the effect of a deposit. If the amount of the deposit actually delivered is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of deposit. Article 587
【Deposit penalty】
If the debtor performs its debt, the deposit shall be used as payment or recovered.

If the party who paid the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, it shall have no right to request the return of the deposit; if the party receiving the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned in double the amount

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this information, you can consult Beijing Legal Consulting Lawyer Ying Ting for one-on-one online consultation.