1. Confirm the property nature.
If the house itself can't be traded, the deposit is easy to waste. Be sure to confirm the nature of the property. If it is an auction house, let the developer show the pre-sale permit. If it is an existing house, let the developer show the real estate license.
2. Paying the deposit is not a necessary procedure.
Don't pay the deposit easily in the process of buying a house. Because, before signing the commercial housing sales contract, there is no need to pay a deposit. In fact, if the buyers and sellers reach an agreement through consultation, they can directly sign a commercial housing sales contract. In this way, even if the commercial housing sales contract is not signed, the property buyers will not have too many losses.
Be sure to sign the agreement when paying the deposit.
When paying the deposit, you must sign a deposit agreement or a house purchase agreement with the developer or seller. You can't just make a verbal promise, even if you pay a deposit. If there is no agreement, the deposit has no legal effect.
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Generally speaking, it is not refundable. According to the relevant laws and regulations, the deposit agreement shall take effect from the date when the deposit is actually paid. After the debtor performs the debt, the deposit shall be offset or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit, and if the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
The deposit shall be refunded as follows:
1. If the developer resells the house subscribed by the buyer to another third party within the time limit specified in the letter of intent for subscription, but fails to formally sign the contract, it shall return the buyer's deposit twice;
2. If the developer fails to obtain the relevant legal documents for the sale of commercial housing, or the two parties cannot sign a formal contract due to the developer's own reasons, or the contract is invalid, the developer shall return the deposit of the property buyer and bear the losses of the property buyer;
3. If both parties can't reach an agreement just because of the contents of the formal contract and relevant supplementary agreements, it has nothing to do with the contents of the letter of intent for subscription, and the signing fails, and there is no breach of contract between the two parties, the developer shall return the deposit in full to the buyers;
4. In the Letter of Intent for Subscription, the main terms such as price, area and apartment type are not stipulated or clearly stipulated. If both parties cannot reach an agreement on this content and cannot sign a formal contract, the developer shall return the deposit to the buyer.
Legal basis:
Article 587 of the Civil Code of People's Republic of China (PRC) * * * If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.