(1) When both parties agree on the deposit, they should know the meaning of the deposit in advance to avoid confusion with the deposit and disputes;
(two) when concluding a contract for the sale of commercial housing, the deposit contract is not a necessary procedure, and the parties may refuse to sign it;
(3) Other ways to avoid the deposit trap.
legal ground
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.
Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts.
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.