Job Recruitment Website - Immigration policy - Will the seller agree not to buy the deposit after paying the deposit in Jubaoge?
Will the seller agree not to buy the deposit after paying the deposit in Jubaoge?
According to Article 25 of People's Republic of China (PRC) Contract Law, advance payment refers to the behavior that the buyer and the seller pay a certain amount in advance to ensure the completion of the transaction before signing a formal contract. Although the down payment is not a necessary condition of the contract, it is often used as a trust guarantee in actual transactions. If the seller of Jubaoge agrees not to buy the deposit, the consumer has the right to request a refund of the deposit. However, in the actual operation process, we should follow the following two points: on the one hand, consumers must have physical evidence or witness to prove that they have paid the deposit. In addition, consumers also need to provide relevant evidence to prove that the seller agrees to refund the deposit, such as chat records and emails. On the other hand, sellers should also consider the protection of their own interests when returning the deposit. If the seller has a reasonable reason to refuse the refund, the consumer cannot unilaterally pursue the responsibility. Reasonable reasons include, but are not limited to: the seller has started making goods, and force majeure has occurred, which can be a reasonable basis for the seller to refuse to refund.
If the consumer asks for a refund, but the seller is obviously stalling for time, how can he protect his rights and interests? If the seller is obviously stalling for time, consumers can complain to the relevant departments or seek solutions from labor arbitration institutions. In addition, consumers can also bring a lawsuit to the people's court in accordance with relevant laws and regulations to safeguard their legitimate rights and interests.
In the transaction process, down payment is a sign of mutual trust between buyers and sellers. If the seller agrees not to buy the deposit, the consumer has the right to ask for a refund of the deposit, but also pay attention to whether the seller has reasonable reasons to refuse the refund. Safeguarding their own rights and interests is the legitimate right of consumers, and legal procedures are also needed.
Legal basis:
Article 25 of People's Republic of China (PRC) Contract Law Before the performance of the contract, if one party breaches the contract, it shall compensate the other party for its losses; Unless otherwise agreed by the parties, such agreement shall prevail.
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