Can the deposit for the sale of second-hand houses be refunded?
1, the contract terms are inconsistent.
If the buyer asks to return the house because the terms of the contract cannot be agreed, the developer and the seller will generally refund the deposit directly to the buyer. If developers and sellers do not return, buyers can complain to the Housing Construction Committee. It should be noted that the contract must be signed within the time limit stipulated in the subscription book, and this must be proved if the deposit is to be refunded. The purchaser can prove it through the records modified by both parties during the negotiation of contract conditions, or through the recording of conversation between both parties.
The contract stipulates that the deposit can be refunded.
In the subscription book or purchase contract, if there is an agreement on the conditions for refunding the deposit, the developer can refund the deposit according to the subscription book or purchase contract as long as the situation meets the conditions for refunding the deposit. There are also many property buyers who face the problem of losing the qualification to purchase houses after purchase restriction. This situation should be stipulated in the contract, which belongs to the regulation of the property market and is a force majeure factor.
In most housing purchase contracts, some policies will also be clearly defined as force majeure factors. If the contract cannot be performed for this reason, both parties can terminate the contract through consultation, and neither party will bear the relevant liability for breach of contract.
3. No sales license or title certificate.
For internal subscription and other projects without sales license or title certificate, because they do not have the sales conditions, they can be refunded under any circumstances, and there is no need to do a lot of evidence collection. If the developer does not refund the deposit, he can sue directly.
Who will pay the deposit for the sale of second-hand houses?
1, directly to the seller. Generally speaking, the buyer can pay the deposit directly to the seller, and then the seller issues a deposit receipt to the buyer, indicating that the deposit has been received. Therefore, on the deposit receipt, it is best for both parties to specify the liability for breach of contract. If the buyer defaults, the deposit will not be refunded; If the seller breaches the contract, the seller shall pay the buyer double deposit.
2, by the intermediary to the seller. If it cannot be delivered directly to the seller for some reason, the broker may transfer the deposit to the seller, but the broker shall issue a power of attorney for the seller to entrust the broker to collect the deposit. After the buyer receives the power of attorney, he can give the deposit to the intermediary, but he must ask the intermediary to issue a deposit receipt with the seal of the agent and the intermediary company.
The article is all the knowledge that Bian Xiao introduced to you about whether the second-hand housing sales deposit can be refunded and who should pay the second-hand housing sales deposit. I hope I can help my friends in need. To sum up, the deposit for the sale of second-hand houses can be refunded under certain conditions, but be cautious when paying the deposit.