Whether the deposit paid for buying a house can be refunded depends on the situation. The seller accepts the down payment paid by the buyer as the guarantee for concluding the commercial housing sales contract by subscription, order and 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. How to deal with the deposit when the commercial housing sales contract cannot be signed can be divided into three different situations: if the commercial housing sales contract cannot be signed due to the buyer, the deposit will not be returned; If the commercial housing sales contract is not signed due to the developer's reasons, the deposit will be returned twice; If the contract for the sale of commercial housing cannot be signed due to reasons not attributable to the buyer and the seller, the deposit shall be returned. There are few disputes that can't sign commercial housing sales contracts due to reasons not attributable to both parties, which are generally force majeure and accidents, such as government administrative decisions to cancel and postpone projects; The developer loses the subject qualification; Natural disasters lead to the loss of development projects.
Legal basis:
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.
Article 587 of the Civil Code of People's Republic of China (PRC) * * * If 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 debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
Derivative problem:
The plastic surgery hospital paid the deposit, but can it be refunded if it didn't do it?
The plastic surgery hospital paid the deposit, and it can't be refunded if it doesn't do it. However, if the deposit exceeds 20% of the contract price, you can ask for a refund, which can be negotiated with the hospital. The general principle is that the deposit can be refunded, but the deposit that meets certain conditions can be refunded. If the deposit fails to perform the contractual obligations after payment, there is no right to request the return of the deposit. If the party who collects the deposit fails to perform its contractual obligations, the deposit will be returned twice. The amount of deposit shall be agreed by the parties in principle, but the maximum amount is limited by the Civil Code, that is, it cannot exceed 20% of the subject matter of the main contract. According to the judicial interpretation, if the amount of deposit agreed by the parties exceeds 20% of the subject matter of the main contract, the people's court will not support the excess. The intention is obviously to limit the amount of deposit paid and the penalty of deposit within a certain limit.