1. Intention to buy a house is not a legal concept.
There is no proper term for "intentional payment" in law. According to its meaning and the actual situation of the contract, it should belong to the deposit or deposit.
If the nature of the contract cannot be determined according to the content of the contract itself, the expression of will can be determined by referring to the trading habits.
It is generally believed that the intention money that is not clearly expressed as a guarantee should be understood as a deposit.
2. In the process of buying a house, in order to show the sincerity of buying, or to have the preemptive right, buyers need to pay an intentional deposit, but this deposit is not guaranteed.
Only after it is converted into a deposit can it be converted into a secured form, that is to say, buyers and sellers recognize each other and are willing to reach a consistent buying and selling relationship. If one party breaches the contract, it will bear the liability for breach of contract.
3. If both parties have not signed a house sales contract, but only signed a subscription letter of intent, and the subscription letter of intent does not clearly stipulate the contents of the contract, then this intentional metal shall be returned to the seller;
If both parties have signed a house purchase and sales contract and made relevant agreements on the intentional payment, the buyer shall bear relevant liabilities for breach of contract when returning the house, and the intentional payment cannot be refunded.
4. "Two Gold" Relationship
The deposit is a kind of guarantee, that is, the party who pays the deposit defaults, and the party who receives the deposit can confiscate the deposit; If the party who collects the deposit breaches the contract, it shall return the deposit twice. The significance of the deposit is to use the deposit as a guarantee to urge both parties to perform the contract according to the contract.
Deposit is a kind of advance payment, a part of money, and has no guarantee nature.
As can be seen from the information you gave:
1. "Two. Intention money To express the sincerity of both parties, Party A and Party B sign this letter of intent, and Party B voluntarily pays the intention money of RMB 654.38+ten thousand Yuan (omitted) to Party A. "
It shows that the purpose of intentional payment is not a "down payment" of guarantee nature, but sincerity.
2. "seven. Payment time is 1. After Party A and Party B sign the Commodity House Sales Contract, Party B agrees to offset the intentional payment against the purchase price, and pay the insufficient part in one lump sum. "
It can be seen that the intentional deposit in this contract is a conditional deposit, which proves again that:
A there's no guarantee.
This is a time deposit.
This additional condition is to sign a house sales contract.
A. If both parties have not signed a house sales contract, but only signed a letter of intent for subscription, and the letter of intent for subscription does not clearly stipulate the contents of the contract, then this intentional metal shall be returned to the seller;