But before that, Bian Xiao should first popularize some legal knowledge for netizens and talk about the difference between "deposit" and "deposit". Perhaps most of us hardly care in the process of buying a house, thinking that the deposit is the deposit, and there is no difference. In real life, many people mix and misuse deposits, deposits, deposits and prepayments.
Although there is only one word difference, the legal significance and legal consequences of deposit and deposit are quite different.
Simply put, the deposit is a legal form of guarantee. As a monetary guarantee for contract performance, it generally exists in the relationship between sales contracts. It is clearly stipulated in the contract law, the guarantee law and its judicial interpretation, and there are strict legal conditions: 1, and the deposit must be agreed in writing; 2. The deposit must be actually delivered; 3. The deposit amount shall not exceed 20% of the total amount of the subject matter of the contract.
"Deposit" does not have the nature of deposit. It is usually a temporary subscription agreement, which is prepared for further negotiations after the buyer and the developer reach an initial intention on housing sales. At the same time, there is no direct legal provision for deposit, which is generally regarded as advance payment in judicial practice. If there is a breach of contract, there will be no legal consequences of direct confiscation or double return, and the "deposit penalty" cannot be applied. Instead, the defaulting party should be held accountable for breach of contract according to the actual situation and the faults of all parties.
Then, after understanding the difference between deposit and deposit, buyers should keep their eyes open when dealing with developers or intermediaries: First, don't rush to sign a subscription agreement with developers or intermediaries, don't pay the deposit first, and then sign a commercial housing sales contract after the two sides reach an agreement; Second, write down the "down payment" as "deposit", "down payment", "advance payment" and "deposit", so that all the money can be returned once the house contract is not signed.
However, there are many traps in the property market, and it is often impossible to prevent them. What should I do if I accidentally pay the deposit?
Property buyers should understand that not all "deposits" can be refunded. If you unfortunately encounter the following situations in the process of buying a house, you should actively ask for your deposit and claim compensation.
1. Due to the developer's reasons, the property buyers can't get the real estate license within the agreed time limit. If there is such a check-out condition, they can ask to check out.
2. Incomplete documents of developers: Developers must have complete documents to sell houses in Gai Lou. It is illegal for the developer to have incomplete documents, and the contract signed with the buyer is naturally invalid.
3. The area error exceeds 3%: If the ratio error between the measured area at the time of delivery and the temporarily measured area at the time of signing exceeds 3%, the buyer may request to return the house.
4. If the developer changes the design of the house type, orientation and area without the consent of the buyer, the buyer can return the house according to the contract requirements.
5. If the mortgage contract cannot be handled due to reasons not attributable to both parties, and the mortgage loan cannot be handled, you may request to return the house.
6. Delayed delivery: If the developer can't deliver the house for more than 3 months, the buyer can request to return the house and double the deposit.
7. If the seller transfers the subscribed house to others or sells the mortgaged house to buyers, the seller shall double the deposit when it breaches the contract.
However, I finally saved enough money to buy a house, and no one wants these check-out disputes to happen. Therefore, for property buyers, when signing contracts with developers or intermediaries, they must be more careful, especially in the above situations, breach of contract clauses and exemption clauses. And learn to protect their rights and interests.
(The above answers were published on 20 16- 12-22. Please refer to the actual purchase policy. )
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