The deposit can be refunded if:
1. Article 22 of the Measures for the Administration of Commercial Housing Sales stipulates that developers shall not sell commercial housing or charge any prepayment fees if they do not meet the conditions for the sale of commercial housing. Therefore, if the set commercial housing does not meet the sales conditions, the developer should unconditionally return the deposit to the buyers regardless of whether the two parties agree to return the "deposit".
2. If it can be provided, the developer is fraudulent, or both parties have negotiated that the deposit can be refunded when signing the house purchase contract, then in this case, the developer should also refund the house purchase deposit.
3. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall also return the deposit. For example, due to force majeure, buyers are unable to pay the house price, and they can also ask for a refund of the deposit.
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