Ask about the deposit? Urgent!

According to the Contract Law and General Principles of Civil Law, I regret to tell the landlord that your money cannot be refunded.

The deposit is different from the deposit. After paying the deposit, if the developer defaults and doesn't sell the house to you, then you can ask the developer to return the deposit to you and compensate the same amount as the deposit.

The deposit is basically the same as above, but it can't be returned twice.

The landlord's situation is one of the permanent traps for developers. Unless the landlord has evidence to prove the fact of "down payment" before issuing the receipt, your money will not be recovered according to the "down payment penalty".

There is no need to write a refund on the receipt, and the word "deposit" has already explained this.

The evidence suggests starting with the developer's advertisement or leaflet to see if there is a "deposit". If there is, there may be a glimmer of hope.

The following is some information from Sina.

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According to the various inequalities complained by consumers, the Consumer Council of Guangdong Province summed up eight "traps" of deposit to remind consumers to pay attention.

Trap 1: Pay in advance on the contract. In July 2003, Mr. Fan and others took a fancy to a duplex unit in a real estate in Panyu. The sales girl said to pay the contract money first. After Mr. Yang paid an advance payment of 20,000 yuan, the girl said that she had to sign a subscription book to see the contract. Mr. Yang immediately raised an objection. Later, Mr. Yang saw that the contents formulated by many developers were added to the standard contract, which was not conducive to property buyers. For example, the determination of the area of commercial housing and the time for handling real estate licenses have not been handled in accordance with state regulations. Mr. Yang refused to sign such a contract that did not conform to the state regulations and was unilaterally imposed on consumers by obvious unfairness. The salesperson said that the terms of the contract were stipulated by the company and could not be changed. The two sides failed to negotiate the purchase terms, and Mr. Yang asked for an early return of 20,000 yuan, which was rejected.

Trap 2: Don't explain the mortgage of the house. In February this year, Mr. Li took a fancy to a suite in a building on Tao Jin Road, signed the subscription book and paid a deposit of 1 1, 000 yuan. At that time, the company did not explain the mortgage situation of the suite, nor did it produce any relevant documents. It is only agreed to sign a commercial housing sales contract within three days. Three days later, at Mr. Li's repeated request, the sales girl showed a copy of the relevant documents of the building. However, when asked to produce the original pre-sale permit, it was rejected for various reasons. After repeated questioning, the sales girl admitted that the house had been mortgaged to the bank, but promised to lend money within one month. Mr. Li's request for an agreement on the cancellation of the deposit was rejected, as was his request for the return of the deposit.

Trap 3: Forced signing of unequal clauses. At the end of 2003, Mr. Yin booked a house of 128 square meters in a building in Lu, paid a deposit of 10000 yuan according to the requirements of the developer, and signed a subscription letter. When signing the house purchase contract, Mr. Yin found many unequal clauses in the terms and refused to negotiate with the developer to change some unequal clauses in the contract. As a result, Mr. Yin asked to withdraw the order, and the developer still did not reply.

Trap 4: the publicity does not match the housing situation. On May 1 2002, Mr. Chen and his family went to a building on Airport Road to look after the building. In the model room on the fourth floor of building 12, the sales girl recommended a unit on the third floor of building 12. The sales girl is sure that the building has a 3-meter-wide "overhead belt", but because the infrastructure is being built in the south, Mr. Chen can't see the outside at all. After seeing the landscape of the North Park, he paid for it. A few days later, Mr. Chen observed on the spot that the so-called "elevated belt" is actually a large platform that can directly connect with the South Building, and these platforms are the private gardens of two families. The kitchen, bathroom, dining room and children's room windows of Mr. Chen's suite are closely connected with the platform on the third floor, and their safety is seriously threatened. Mr. Chen believes that the sales girl did not clearly inform the actual situation of the suite on the third floor, so she asked for a refund of the deposit and was rejected.

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Trap 5: Without the building number, you will not settle down. In 2003, Ms. He paid a deposit of RMB 6,543,800+in a real estate in Haizhu District, signed a subscription agreement, and purchased Unit 704, Block C of the real estate. In order to understand the situation of the property, Ms. He took the pre-sale certificate number of the property to Guangzhou Real Estate Management Bureau to investigate the property right of the property. The answer is that there is no block C on the pre-sale certificate number, only blocks D, E and F. Ms. He suspects that the developer is fraudulent and dares not continue to pay the house, asking the developer to quit. The developer explained that Block F on the pre-sale certificate was Block C on the subscription book, so she went to the Municipal Real Estate Management Bureau to ask for a certificate that Block F was Block C, but the Housing Management Bureau said that such a certificate would not be issued, so it took more than 10 days. Ms. He was told that the signing time was exceeded, and the deposit was confiscated by the developer.

Trap 6: the subscription book will not be refunded if it is not signed. On March 6, 2004, Mr. Liao took his wife to a building on Dongfeng East Road to inspect the house. The couple are interested in two units of 1606. A broker, Miss Gu, asked them to pay a deposit of 10000 yuan and sign the subscription book. At that time, Mr. Liao said that he might not buy a house and would not sign the subscription book for the time being, but Miss Gu said that you should pay 6544 first. Later, on March 8, Mr. Liao approached Miss Gu and asked for a refund of the paid 10000 yuan, but she said it was a deposit and could not be refunded. Mr. Liao thinks that the 10000 yuan paid should be an advance payment, and he has not signed any agreement with the developer, not to mention giving an advance payment.

Trap 7: don't publicize the surrounding environment of the property. Mr. and Mrs. Tan visited a property located in Zengcha Road, Baiyun District on September 2 1 2003. After paying a deposit of 1000 yuan, Mr. and Mrs. Tan won the first prize and got a 9.8% discount on the house price, 6 150 yuan. The salesman asked them to pay another 9,000 yuan the next day. Two days later, Tan and his wife found a sewage treatment plant near the property, but the developer did not hang a plan in the property to publicize the surrounding situation. Mr. and Mrs. Tan asked the developer to return, but the developer refused to return without giving any explanation.

Trap 8: If you can't get the mortgage, you won't refund it. Miss Huang, a resident of Hong Kong Special Administrative Region, visited a real estate in Longkou West Road, Tianhe District on February 3, 2006, 5438+0. The sales girl said to Miss Huang, "You can have a special price when you subscribe for more than two units at a time, and the property management company can also help you rent. The return is more than 8500 per month. You are a Hong Kong resident, as long as there is stability. Miss Huang decided to subscribe for three houses and paid a deposit of 60 thousand yuan. After signing the subscription book, Miss Huang paid the down payment and other expenses as agreed, and signed the Commercial House Sales Contract with the developer on February 24th of the same year. During this period, Miss Huang actively cooperated with the law firm designated by the developer to submit relevant personal data, which was verified by the law firm designated by the bank and paid the lawyer's witness fee. On February 25th, 12, Miss Huang signed three sets of loan contracts with China Industrial and Commercial Bank High-tech Development Zone Sub-branch, and filled in three sets of loan vouchers. However, on February 26th, 12, Miss Huang was told that her mortgage application was not accepted because ICBC could not accept the same owner's loan to subscribe for a third-home mortgage. To this end, the developer not only does not return the purchase deposit to Miss Huang, but also pays 20% of the total house price to Miss Huang as liquidated damages according to the contract. However, Miss Huang did not know in advance that the bank had regulations that the same owner could not mortgage three suites. When she signed the contract and paid the relevant fees, the developer and the law firm designated by the developer did not fulfill their obligation to inform.

□ Typical case: the deposit of 10,000 yuan was swallowed. On July 30th, Miss Li took a fancy to a house in Huahui Mingyuan, Luoxi, Panyu. The intermediary requires to pay the deposit first, sign the subscription book, and then sign the formal purchase contract. The next day, Miss Li paid a deposit of 10000 yuan as required, and signed the subscription book. However, when signing the formal contract, the seller asked Miss Li to pay the down payment before signing the contract. After several negotiations, the two sides could not reach an agreement. Miss Li therefore decided to check out.

On the subscription book of Hua Hui Mingyuan, the author saw one item in Article 5: The down payment is RMB 55 158 yuan, and the subscriber must pay the down payment within 7 days from the date of signing the subscription book ... The subscriber should sign a formal commercial housing sales contract at the sales department of Hua Hui Mingyuan on the day of paying the down payment. If the above amount is not paid, the seller has the right to refuse to sign a commercial house sales contract with the subscriber.

Miss Li didn't see the subscription book when she paid the deposit to sign it. Only after the money arrived did she get confused about the terms of the contract. Miss Li felt that such a house purchase was not guaranteed and decided to return a house. However, at this time, I was told that the deposit paid was not refundable. Teacher Li feels very helpless.

In this regard, the developer explained: this is not the first payment before signing the purchase contract, payment and signing the contract must be carried out at the same time, that is, on the same day, payment before signing the contract or signing the contract before payment, as long as it is the same day, both before and after. However, it is a breach of contract for consumers to pay after the time stipulated in the subscription book, which is basically the case in the market at present. The consumer must have misunderstood the terms in the subscription book.

Opinions of all parties The notice of the Provincial Consumer Council stirred up a thousand waves like a stone, which attracted the attention of all parties, and everyone expressed different views and opinions on it.

If Ma Yongxiang, managing director of Tianbigao Property Company, fails to pay the deposit or the consumer cannot sign a formal contract, the developer will return the deposit to the consumer, which is unfair to the developer. If the first consumer decides to buy a house and goes back on his word a week later, the developer will refund the deposit to the consumer, which will affect the sales of the developer and increase the investment risk of the developer.

In addition, if you don't have to pay the deposit or the transaction can't be completed, returning the deposit will confuse the market. For example, developers have invested a lot of publicity and preparation work, spent a lot of money, and finally can officially push the offer. Its competitors may arrange a group of "employees" to pretend to be buyers. With the deposit, the real estate subscription is completed. After a week, these people don't want a house, and they all come to refund the deposit ... In this way, the developer's best sales time is postponed, which does no harm to the developer. There are proper reasons to ask Mr. Qu, the general manager of Jingwei, to recover the deposit. Consumers do not buy a house, developers will refund the deposit, not across the board. Now many consumers know how to protect their own interests, and will read the formal contract clearly before making a deposit. Some developers also put the formal contract model in the sales department in the form of bulletin boards to remind consumers of matters that should be paid attention to.

The subscription book signed before signing the house purchase contract is also a temporary contract and has legal effect. As far as this subscription book is concerned, if the developer finally doesn't want to sell it and violates the contract, it is necessary to pay double the deposit to the consumer. On the contrary, if consumers default and don't want to buy a house, they will only lose the deposit. It is also a breach of contract, and the price of the developer is twice that of the consumer.

Of course, consumers have the right to clearly understand the terms of formal contracts and the real situation of commercial housing. If the reasonable requirements put forward by consumers are inconsistent with the requirements of developers, or the developers fail to meet the reasonable requirements of consumers and finally fail to sign a contract, the down payment of consumers shall be refunded.

There is no reason to refund the deposit. Developer Li believes that consumers have reached a settlement without reading the contract and terms, which belongs to the overlord contract and can be refunded. Developers are also allowed to do so. As a buyer, he doesn't read the terms of the contract himself. The terms of our contract are posted on the bulletin board, but he doesn't read it himself. It's a personal act. You can't agree. We usually show the contract to the buyer before signing a formal contract and sign it if there is no problem.

It is impossible to refund the deposit. The customer paid the deposit and got it back. The developer sells the property without any guarantee. Once the consumer pays the deposit, the responsibilities of the buyer and the seller are clear. Besides, developers are not social welfare organizations, but commercial activities, and they should be responsible for each other. Developers not only need consumers to pay a deposit when selling a building, but also need to pay a deposit when ordering a batch of goods in the factory. Once the goods are returned halfway, the deposit will not be refunded. So there is no reason to refund the deposit without signing a formal contract.

It is of little significance to cancel Guangdong Hebang Law Firm. Lawyer Liu: There are two ways of deposit in law, one is performance deposit, and the other is contract deposit. Commercial housing subscription book can be regarded as a contract, which guarantees the formal signing of the commercial housing sales contract.

In the reality of buying a house, some consumers know nothing about the problems that will occur when buying a house, and some even sign a subscription book with a deposit without knowing the terms in the formal contract. However, the terms of the formal contract are not reflected in the subscription book. Generally speaking, the subscription book only writes some housing addresses, units and areas that consumers already know clearly. After paying the deposit and signing the formal purchase contract, consumers will gradually find many problems, or the two sides can't reach an agreement on a certain issue, which will lead to disputes.

Because the terms of the subscription book are relatively simple, consumers often fail to reach an agreement when signing a formal contract for various unknown reasons before, which eventually leads to the failure to sign a formal contract. Consumers really want to return a house, and they will also find various reasons to reject the terms of the developer in the formal contract, which makes it impossible to sign the contract. Therefore, from this perspective, it is of little significance for consumers to pay the deposit, and the purchase deposit can basically be cancelled.

It is the consumer king who stores condoms. I think the savings downstairs are condoms. It takes a process for consumers to understand the terms of the house and the purchase contract, and developers often urge you to settle and pay the down payment. Many salespeople often say that you can talk about the problem when signing the contract formally, but when you find the problem and want to return the building, it is unfair to find that your deposit of 10 thousand yuan is gone. I think it is best to cancel the deposit when buying a house, so that consumers have no pressure to spend. Whoever signs the formal contract first will get it first. If there is really no problem with the developer's building, are you afraid that it will not be sold?