Can the second-hand house deposit be refunded? Experts suggest that if the owner defaults in the real estate transaction, the deposit must be returned twice. Property buyers can only negotiate with the owners to postpone the date of receiving the full payment. If the owner doesn't agree, he can only ask for a refund of the deposit on the grounds that the owner maliciously delayed defrauding the deposit. Experts also reminded that when the agreement is marked as "deposit", buyers can get it back; If it is marked as "deposit", and you have not conducted further negotiation within the time limit stipulated in the subscription, theoretically, it will be more difficult to get back the deposit. Therefore, for property buyers, in order to avoid losing the money or deposit of the subscription book, don't rush to pay the money immediately when signing the subscription book, but think carefully. Once it is decided to pay the subscription money, it may be agreed in writing in the subscription book that if the buyer decides to give up the subscribed house, the owner should refund the deposit or subscription money. The following are the precautions before paying the deposit for buying a second-hand house: 1. To verify the house, we must first find out whether the ownership of the house is true, complete and reliable. Does the owner of the house have a "* * * right" relationship with others? Are there any other creditor's rights and debts disputes in the house? But the most important thing is that the seller must produce and provide legal "Property Ownership Certificate". Secondly, it is necessary to find out the exact area of the purchased "second-hand house" (collectively referred to as the construction area). Verify whether the area marked in the Property Ownership Certificate is consistent with the actual area? It is also necessary to study the specific provisions related to location, environment, price, housing structure, pattern, lighting conditions and property management. Finally, it is necessary to clarify the procedures for purchasing "second-hand houses". Don't believe the seller's so-called "promise" when buying a "second-hand house". To buy a "second-hand house", the buyer and the seller must sign a "House Sales Contract" and go through the formalities of registration, transfer and payment of taxes and fees stipulated by the state at the city or county real estate transaction management department where the house is located. 2. Confirm the owner: To verify the true identity, you must first confirm the owner himself. The prerequisite for signing a sales contract is that the buyer and the seller check the authenticity of the signing subject, mainly for the buyer to verify the owner's identity, the authenticity of the owner's certificate and its consistency with the owner's identity, especially in the case that the buyer and the seller trade on their own and there is no third party as an intermediary guarantee, to prevent illegal personnel from forging the owner's identity card and house property certificate for fraud, and to avoid financial risks to the maximum extent. The real estate transaction is a big deal, and both buyers and sellers hope that the transaction process will be safe and sound. The most effective way is to entrust a brokerage company with good credit standing, strong brand awareness and strong professionalism to undertake the guarantee responsibility, which will verify the true identity of both parties, confirm that there is no dispute over the property rights of the house, and restrain the behavior of both parties. 3, be careful of the intermediary to eat the difference If you buy a house through an intermediary company, you should be careful. Nowadays, there are few intermediary companies that don't eat the difference, so you must find a brand company with a larger enterprise and a better reputation, and you must ask to see the owner himself and talk about the price. If the intermediary says that the owner is busy and can't get through, or let his son, sister, younger sister or other relatives talk to you instead of the owner himself. If they refuse again and again, it must be a ghost. There must be a price difference in the middle. Before paying the deposit, you must insist on seeing the owner himself and sign a tripartite contract (the owner, you and the intermediary). Don't just sign a unilateral contract with the intermediary, you must sign a tripartite contract. People in the intermediary company will say in particular, don't listen to the good words of the intermediary for a while and be bypassed by them for a while. The following are some cases of second-hand housing disputes in Beijing, reminding buyers to be alert to "minefields". Pay a deposit first to clarify property rights. After 80, the renter Xiao Wang decided to take the shot and lock the second-hand house in Beijing. But as soon as I saw the second-hand houses in Shanghai, the owners increased their prices. Xiao Wang also took a fancy to a second-hand house in Fengtai District. He was anxious to pay the deposit because he was worried about the owner's price increase. Later, the agent of the intermediary store told Xiao Wang that the house still had a bank mortgage, and Xiao Wang regretted it very much. "Buyers can't blindly pay a deposit when buying a second-hand house. They must first clarify the property rights of the house. " Lawyer Zheng Lei, a partner of Beijing Longan Law Firm, said that the buyer can ask the intermediary broker to inspect the property rights of the house. If there are debt disputes, mortgage loans and other unclear property rights, don't pay the down payment to the seller to avoid unnecessary losses. Sign the gold agreement and write down the details. In order to send the children to school, Lao Li sold the small house and prepared to change the school district. Lao Li took a fancy to a school district in Xicheng District and signed a deposit agreement with the owner through an intermediary store. But he doesn't know whether it is necessary to write the school district room in the deposit agreement. Lawyer Zheng Lei said, "Before paying the deposit, the buyer should sign a deposit agreement with the seller to finalize the details of the transaction. For example, in the deposit agreement, specify the specific contents such as the geographical location of the house, the transaction price of the house, the parking space number, and the parking space price. " For buyers who buy school districts, lawyer Zheng Lei suggested that attention should be paid to stating in the deposit agreement whether the house belongs to the school district, whether the school district places have been used, etc., to prevent them from going to school after buying a house. "20%" is the deposit limit. Sun Xiao selected a second-hand house in Shijingshan District with a total price of 3 million yuan. Sun Xiao finally negotiated with the seller to pay a deposit, because the other party asked for 700,000 yuan, and she didn't have that much cash in her hand. "The amount of the deposit shall be agreed by both parties, but it shall not exceed 20% of the subject matter of the main contract. Buyers who are rated by Jiaotong University can choose to supervise the funds. In this transaction, Sun Xiao only needs to pay a deposit of 600,000 yuan to the seller. " Lawyer Zheng Lei said. Regarding the legal effect of the deposit, Zheng Lei explained that the deposit agreement is binding on both buyers and sellers, and both parties must perform their obligations according to the agreement, otherwise they will bear certain legal consequences. If the buyer fails to complete the second-hand house transaction as agreed, the seller may not refund the deposit; If the seller fails to complete the second-hand house transaction as agreed, the buyer may require the seller to double the deposit. If you encounter any problems in this process, you can consult the lawyer of online consultation network.
Legal objectivity:
The Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts Article 4 If the seller accepts the buyer's deposit as the guarantee for concluding the commercial housing sales contract by subscription, order or reservation, if the commercial housing sales contract cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law; If the commercial housing sales contract cannot be signed due to reasons not attributable to both parties, the seller shall return the down payment to the buyer.