What's the difference between deposit and deposit?
1, they are different in nature.
Deposit is a legal concept, and the establishment and performance of the contract can be guaranteed through the principle of deposit. Deposit is just an idiom, which only has the nature of advance payment and does not have the function of guaranteeing the signing and performance of contracts.
2. The legal consequences are different.
According to the provisions of the Guarantee Law, after the deposit is delivered, if the payer refuses to conclude a contract or fails to perform the contract after the contract comes into effect, he has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude a contract or fails to perform the contract after the contract comes into effect, it shall return the deposit twice. The deposit can only be recovered as the price or after the performance of the contract.
As for the deposit, there is no clear stipulation in the law, and the effectiveness of the deposit depends on the agreement of both parties. If there is an agreement between the two parties, such agreement shall prevail; If there is no agreement, it is generally regarded as an advance payment in trial practice. Even if it is recognized as a performance guarantee, this guarantee is unilateral and only binding on the payer, that is, the guarantee from the payer to the payee.
3. The quantities of the two are different.
According to the Guarantee Law and its judicial interpretation, the amount of deposit agreed by the parties shall not exceed 20% of the subject matter of the main contract. There is no legal limit on the amount of the deposit, which is completely freely agreed by the parties. The deposit agreement should be clear and specific. For example, the parties agree that the party who pays the deposit does not perform the agreed debt and 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.
How to avoid the deposit trap?
1, check the developer.
Before paying the deposit, buyers should understand the developer's information from many aspects and channels. At this time, they can check the developer's information online, or go directly to the construction site to see if there are workers under construction, whether the construction period of the house is normal, whether it is within a reasonable control schedule, and whether the government has made an explicit announcement. If they find suspicious or opaque information, they should choose to stop buying, and don't take any chances.
2. Write down the deposit as deposit, advance payment, deposit, etc.
Try to use the word deposit as little as possible when signing a contract. You can use deposit, deposit, etc. Instead, once the house sales contract is not signed, the money paid can be returned. Because the judicial practice generally believes that the deposit and other expenses belong to the nature of advance payment, because the two parties have not signed a commercial housing sales contract, the developer has obtained the money, which belongs to unjust enrichment, so it is handled in accordance with the legal provisions of unjust enrichment.
3. Pay attention to the deposit limit
The amount of deposit shall be determined by both parties through consultation. If the agreed deposit amount is too high, the damage compensation obtained by the observant party may be too high to exceed its actual loss; If the agreement is too low, the performance of the contract cannot be guaranteed. The specific amount shall be agreed by the parties, but it shall not exceed 20% of the transaction price, and the excess shall be invalid.
4. Write the deposit refund into the agreement.
When buying a new house, whether the deposit paid can be refunded has become a concern of most property buyers. If you can't guarantee the smooth progress of the house purchase transaction, it is best to write the relevant terms of the deposit refund into the agreement when signing the agreement. At that time, the problem will be solved in accordance with the provisions of the agreement to avoid unnecessary disputes.
Many times, if you meet a favorite house in the process of buying a house, the general sales staff will suggest paying a part of the down payment to fix the house, so buyers must have their own opinions before entering the sales office, and you can't regret not paying the down payment just because you listen to the boasting of the sales staff.