What is the deposit ratio?
"Security Law" stipulates that the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After 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 agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. The deposit shall be agreed in writing. The parties shall stipulate the time limit for the payment of the deposit in the deposit contract. The deposit contract shall take effect from the date when the deposit is actually paid. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.
Therefore, in accordance with the provisions of the above-mentioned laws, the proportion of the purchase deposit agreed in the purchase subscription book shall not exceed 20% of the purchase price. For example, if the price of the commercial house to be purchased by the buyer is 2 million yuan, then the purchase deposit stipulated in the subscription book cannot exceed 400,000 yuan.
What if the deposit ratio exceeds the specified amount?
What should I do if the down payment ratio exceeds 20%? According to Article 12 1 of Judicial Interpretation of Guarantee Law, if the deposit amount agreed by the parties exceeds 20% of the target amount of the main contract, some people's courts will not support it. In other words, more than 20% of the deposit is not a deposit, and the provisions of the law on the penalty for deposit are not applicable.
The so-called down payment penalty means that after the debtor performs the debt, the down payment shall be taken as the price 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; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. More than 20% will not be included in the category of double return.
For example, if the house price is 2 million, according to the regulations, the deposit ratio should be 400,000. However, the deposit on the subscription book is 500,000 yuan, so the deposit penalty cannot be applied to the excess of 6,543,800 yuan. If the purchase contract cannot be signed due to the developer's reasons, then the developer should double the deposit of 800,000 yuan to the purchaser, instead of 654.38+00,000 yuan. Of course, the developer must also return the 6.5438+million that exceeds the deposit to the buyers, so that the buyers can get 900,000 yuan.
In this way, if the deposit exceeds 20%, it will have no impact on the developer. Even if they violate the contract, there is no need to double the compensation for the excess. So this may also lead some developers to speak. Therefore, when buying a house, buyers must know where the boundaries stipulated by law are. For those developers with big mouths, don't let go, in order to protect their rights and interests to the greatest extent.
(The above answers were published on 2015-10-21. Please refer to the actual situation for the current purchase policy. )
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