Huizhou Daya Bay Deposit Dispute: How to Deal with the Deposit Trap of Daya Bay House Purchase?

Daya Bay is called the back garden of Shenzhen. Its development prospects and low housing prices have attracted many property buyers in Shenzhen. Many property buyers are directly received by developers in Shenzhen to see the RV, and they don't know much about the property and its surroundings. Under the advocacy of sales staff, they only saw the model and annex of the commercial housing sales contract, signed the subscription agreement, paid the deposit, and didn't even have time to read the subscription agreement carefully. However, it was later found that the situation was inconsistent with what the salesperson said, and I was dumbfounded when I wanted to refund the deposit. The subscription agreement clearly stipulates that the deposit is not refundable. This situation is not an isolated phenomenon. I have handled hundreds of deposit refund cases in Daya Bay and Huiyang since the end of 20 10, and most of them have this situation. 1. If the commercial housing sales contract cannot be signed because the main terms of the contract cannot be agreed, the deposit can be refunded. The buyer signed a subscription agreement with the developer, and negotiated the signing with the developer within the time stipulated in the subscription agreement, but in the end, due to some overlord clauses of the developer (such as the time for handing over the house and the long time for handling the real estate license; Excessive strengthening of the buyer's liability for breach of contract, reducing or exempting the developer's liability for breach of contract, etc. ) resulting in the inability to sign a commercial housing sales contract. This situation belongs 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, and the commercial housing sales contracts cannot be signed due to reasons not attributable to both parties. The seller shall refund the deposit to the buyer. Pay attention to collecting evidence in the process of negotiating with developers. If the conversation with the developer's salesman is recorded when the contract is modified, the buyer should also pay special attention to the date when recording, so as to prove that he went to talk with the developer to sign the contract within the time stipulated in commercial housing subscription book. In addition, the name of the owner of the house, the name of the salesperson, my name and the project name and room number of the purchased property should also appear, so that it can be confirmed that the plaintiff signed a formal written contract with the developer within the agreed time, thus avoiding problems. At the same time, you can also keep the evidence negotiated with the developer, such as round-trip air tickets, tolls and other bills. If the terms of the contract are negotiated by e-mail, attention should be paid to keeping in touch with each other. Second, due to violation of national policies, the mortgage loan can not be used to achieve the purpose of buying a house, and the deposit can be refunded. According to Item (3) of Article 2 of the Notice of the State Council on Resolutely Curbing the Excessive Rise of Housing Prices in Some Cities (Guo Fa 20 10No. 10), the plaintiff cannot apply for a mortgage loan. However, in reality, many developers know that property buyers do not meet the above-mentioned mortgage loan purchase conditions, and still promise to property buyers and agree in the subscription agreement to pay the house price by mortgage purchase. This will eventually lead to the inability of buyers to purchase houses by mortgage. In this case, the buyer has the right to demand the return of the deposit paid. Third, buyers do not know enough about the surrounding environment of the community, and developers knowingly fail to take the initiative to fulfill the obligation of informing in advance, which leads to buyers asking for a refund of the deposit after signing the subscription book and paying the deposit. You can claim that the developer fails to perform the collateral obligations of the contract, fails to perform the obligation of good faith in signing the agreement, terminates the contract and returns the deposit. For example, Daya Bay and Huiyang returned the down payment with unknown matters, which were deeply trusted and recognized by customers. Team commitment: no charge for failure! You don't have to pay any legal fees until the deposit is successfully refunded.