What is the concept of buying a house deposit?
In the process of real estate project sales, have buyers ever been asked by developers or real estate agents to pay down payment, down payment or sincerity payment? What's the difference between the three? Deposit is a certain amount of money paid as a guarantee before the conclusion or performance of a contract, also known as deposit. The analysis of laws and regulations has the effect of laws and regulations and the implementation effect of guaranteed bonds. Both parties agree that one party shall pay a deposit to the other party as debt guarantee. According to the requirements of laws and regulations, the deposit amount shall not exceed 20% of the subject matter of the main contract. The performance bond shall be used as the house payment or recovered by the debtor. If the party paying the deposit fails to perform the contract, it has no right to demand the return of the deposit; If the party who collects the deposit fails to perform the contract, it will be returned twice. After the initial agreement between the deposit and the real estate sales intention is reached, the two parties further negotiate and sign a temporary subscription agreement, during which the buyer pays the deposit and obtains the preemptive right. Analysis of laws and regulations, regarded as advance payment, has no legal effect, and has no enforcement effect of secured bonds. Under the normal execution of the contract, the deposit becomes a part of the price. The amount of the deposit shall be agreed by the parties at will, but there is no agreement in laws and regulations. If the contract is not implemented, the deposit will be refunded no matter which party breaches the contract. The party who receives the deposit does not need to return it twice in case of breach of contract, and the party who pays the deposit is more dangerous.
Sincerity money, which is common in the sale of second-hand houses, means that buyers pay a small amount of money to show their sincerity in buying houses, and then the intermediary talks with the owners about property prices or other matters. From the analysis of laws and regulations, there is no so-called sincerity, which is attributed to the spontaneous behavior of the parties. After the purchase intention is reached, the deposit can be used as the house payment. If you can't reach the intention of buying a house, you need an unconditional refund. The amount of the deposit shall be agreed by the parties at will, but there is no agreement in laws and regulations. Property buyers and intermediaries can reach a written agreement on the return of sincerity funds.
What are the legal requirements for buying a house?
Subscription fund means that before the real estate is officially sold, the developer will give priority to the housing, enjoy the preferential opening price, and even send parking spaces by lottery, so as to attract buyers who are interested in buying houses to pay the seller in advance. Generally speaking, down payment means that one party pays a certain amount of money to the other party in advance as a way to guarantee the completion of contract debts. Can the deposit be refunded? In general, the deposit paid is non-refundable. Under special circumstances, there are certain conditions for refunding the deposit, just because the terms of the contract cannot be agreed. In addition, it is necessary to sign the contract within the time limit agreed in the subscription book. If you want to refund the deposit, you must prove it.
The Measures for Handling the Sale of Commercial Houses requires: "Real estate development enterprises shall not sell commercial houses if they do not meet the conditions for the sale of commercial houses, and shall not charge the buyers any fees of a predetermined nature. If it meets the conditions for the sale and purchase of commercial housing, if the real estate development enterprise charges the buyer a fee of a predetermined amount before concluding the contract for the sale and purchase of commercial housing, the fee collected shall be used as the house payment, and if the parties fail to conclude the contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fee collected to the buyer; If there is an agreement between the parties, it is better to agree. " The Contract Law requires: "The parties shall follow the principle of good faith when exercising their rights and performing their obligations." The safety law is very clear. The parties agreed to use the deposit as the guarantee for concluding the main contract. If the party paying the deposit refuses to conclude the main contract, and the party receiving the deposit refuses to conclude the contract, it shall return the deposit twice.
The above article summarizes what we want to know about the concept of sincerity in buying a house. In fact, the state has clearly defined the relevant real estate transaction procedures. I hope everyone can act according to the law and be a law-abiding citizen.