A few days ago, Xiao Zhang came to a real estate. Xiao Zhang looked at the sand table and made a field trip. He felt that the property was cost-effective. When communicating with the sales staff, the problem appeared. Building 15 that Xiao Zhang is optimistic about is the second phase. At present, there is no pre-sale permit, only a deposit can be paid. Xiao Zhang thinks so, but the sales staff told Xiao Zhang that if I don't buy a house, the deposit of 65438+100000 is absolutely non-refundable, which makes it difficult for Xiao Zhang to understand: if I pay the deposit, I should return it if I don't buy a house. "All my customers pay in good faith, buy a house and pay the house price, and don't refund anything without buying it", the salesperson said amazingly.
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At present, many developers have begun to sell their houses in good faith when the property is still laying the foundation. From several thousand yuan to tens of thousands of yuan. The deposit is an intentional deposit, which is different from the deposit or liquidated damages charged by housing developers in the past. Because at present, there is no such thing as intentional payment in Chinese law, there is no legal basis for real estate developers to collect "deposit", and its collection time is mainly concentrated before the two parties sign a formal contract, and there is no clear intention to express the specific content of the contract, which only shows that both parties have the intention to conclude a contract. Sincerity money is not legally binding on developers.
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Deposit: refers to a certain amount of money paid by one party to the other party in advance to ensure the performance of the contract. Article 115 of the Contract Law stipulates: "The parties may, in accordance with the Guarantee Law of People's Republic of China (PRC), pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall double the deposit. "
Deposit: there is only one word difference between deposit and deposit, but the legal nature is very different. Deposit is not a standardized concept, but only as an advance payment in law; It is a part of the advance payment, a means of payment for the parties, and has no guarantee nature. If the contract is fulfilled, it will only be used to offset the house payment. If it is not fulfilled, it can only be returned in full.
Sincerity fund: Intention fund, which is embodied in the house sales contract signed by the buyer and the seller. In fact, there is no so-called good faith money in law, mainly because the good faith system in our trading market is not perfect, and the trading subjects often violate the principle of good faith for their own interests, thus damaging the interests of one party.
(The above answers were published on 2015-11-26. Please refer to the actual purchase policy. )
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