Let me tell you a case of 20 14 to make you understand the importance of correctly distinguishing deposits from deposits:
Liang Xiao and Xiao Wei plan to get married at the end of 14 and want to buy a wedding room. On May 1 2004, Liang Xiao and Xiao Wei signed a subscription agreement with an energy company and paid a deposit of 20,000 yuan. Liang Xiao and Xiao Wei said that before signing the subscription agreement, the sales staff told them that they could deliver the house before the end of the year, 65438+February 3 1, and only after paying the money did they know that the delivery time was 65438+February 3 1, 20 15. Because the delivery time was too late, it did not meet their original wedding date, and then they went to the sales department to ask for a refund of 20 thousand yuan, which was rejected. The two sides then went to court. 65438120, the court ruled in the first instance that the developer could not prove that Liang Xiao and Xiao Wei had been informed of the specific delivery time and needed to return the deposit of 20,000 yuan.
It is reported that in court, Liang Xiao and Xiao Wei thought that the 20,000 yuan they paid was an advance payment, while a company insisted that it was a down payment. The court held that the money was a down payment. Since it is a deposit, the ownership of this money can only be determined according to who is at fault and who is in breach of contract. As far as the available evidence is concerned, it cannot be concluded that Liang Xiao and Xiao Wei knew the delivery time was 20 15 12 3 1 when the subscription was concluded. The failure of both parties to reach an agreement on the terms of the sales contract is due to reasons not attributable to both parties, which leads to the failure to conclude the commercial housing sales contract. The court ordered Company A to return the deposit of 20,000 yuan to Liang Xiao and Xiao Wei.
Why did the original defendant and the defendant struggle whether 20,000 yuan was an advance payment or a deposit? The judge presiding over the case told the reporter that there is actually a dispute between them about "down payment" and "down payment", and the application of the two is very different.
So, let's popularize the difference between the two!
Legal Understanding of Deposit and Margin
When we are ready to buy a house, it will involve a contract and a new transaction. Many people will ask this question: What is the difference between the deposit and the deposit when buying a house? First of all, this is a question involving legal responsibility. Down payment is the money or something mortgaged that you pay to the developer after you sign a house purchase contract with the developer. Simply put, if the developer fails to deliver the house on time, you can claim the compensation you deserve according to the contract, but the down payment has no legal effect and has little to do with the purchase contract. If the developer fails to deliver the house in time, they will only return the deposit, and other creditor's rights are guaranteed.
What problems should I pay attention to when paying down payment or paying down payment?
Since these two words have different legal meanings, what should be paid attention to when paying the deposit or deposit? Bian Xiao wants to give you a suggestion. You really should pay a certain deposit to the developer after signing the purchase contract, and this amount is generally 20% of the total price, and generally will not exceed this amount. If the other party asks you to pay more deposit. This time is obviously unreasonable, and you can directly raise objections. If you only pay a down payment when buying a house, then if the other party fails to perform the contract, there will be no other additional compensation. So I suggest that all friends who plan to buy a house should make the contract clear and sign a reasonable deposit with each other.
Can the deposit and deposit be refunded?
What I just said is the deposit for signing a contract before buying a house, so what if I plan to decorate it? Actually, it's the same. If you have signed an agreement with the decoration company and paid a certain deposit at the same time, if the other party fails to deal with the decoration problem on time, then you can ask the other party to give due compensation with this written agreement.
(The above answers were published on 20 17- 10-20. Please refer to the current actual purchase policy. )
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