Legal analysis: 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 return the deposit twice. The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. 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 return the deposit twice. The seller accepts the buyer's deposit as the guarantee for concluding the commercial housing sales contract by subscription, order or reservation. If a contract for the sale of commercial housing 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.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
Article 588 Where the parties have agreed on both liquidated damages and deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause. If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.