A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.
Contracts established according to law are protected by law.
I paid a deposit of 1 0,000 yesterday, and the documents are documentary evidence. The lease contract has not been signed yet.
If you don't sign a contract, the law doesn't protect the deposit.
The questioner can directly sue the intermediary company in the court of the jurisdiction for the non-refundable rental deposit and get back his rental deposit 1000 yuan.
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Question 2: Is the deposit the same as the deposit? Can it be refunded?
1. If the other party resolutely refuses to refund the deposit without violating the rules, and your deposit cannot be refunded, you will lose the lawsuit.
If the other party violates the rules before you pay the deposit, you can ask for double compensation instead.
Deposit:
1. On the premise that the other party has not violated the rules, your deposit is refundable and protected by law.
2. If the other party violates the rules before you pay the deposit, you can ask double indemnity or refund the original deposit instead.
Question 3: Can the deposit be refunded? In principle, the deposit will be refunded, but it will not be refunded if it defaults. Pressing money is inherently binding, and it is a kind of commitment guarantee for both parties.
Question 4: Can I get a refund if I pay a deposit for buying a house? 1. Whether the house purchase deposit/deposit can be refunded depends on the negotiation with the developer on the conclusion of the commercial housing sales contract or the agreement when signing the subscription book.
Second, the deposit is a guarantee that the two parties will continue to negotiate on the conclusion of the commercial housing sales contract at the agreed time, and promote the establishment of the contract with the greatest sincerity. Deposit is to bind both parties to reach an agreement on the conclusion of a sales contract according to the agreed time, rather than forcing one party to conclude a contract.
3. Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "If the seller accepts the buyer's deposit as a guarantee for concluding the commercial housing sales contract through 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 concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. " So whether the deposit can be refunded has the following three situations.
1. If the two parties who paid the deposit negotiated on the contents of the contract, but failed to reach an agreement, so that the contract could not be concluded, the penalty of deposit shall not be applied.
2. If one party fails to negotiate or change the contents of the subscription book without reason within the agreed time limit, resulting in the failure to conclude the sales contract, the penalty of deposit shall apply.
3. If one party has justified reasons such as force majeure, accidents or policy adjustment, the penalty of down payment is not applicable.
Question 5: Can Taobao continue to open after paying the deposit? Yes Under normal circumstances, the deposit is paid voluntarily, but for special safety industries such as food and milk powder, the deposit is compulsory. If you refund the deposit, you can reopen the business, and you can choose to pay it or not after opening!
Question 6: Can the deposit be refunded? First of all, let me help you understand the difference between "deposit" and "deposit". The deposit is certain, and the deposit is only the intention payment; The biggest difference between the two is that after the deposit is paid, the buyer can't apply for a refund, and if the seller can't fulfill it, he must double it; There is no such restriction on deposits. The buyer can ask for a refund, and the seller can only refund the deposit if he can't perform it. So, you have to take out the receipt to see what it says. Experts remind consumers not to treat the deposit as a down payment.
At present, experts remind consumers to pay attention to the difference between "down payment" and "down payment" when buying commercial housing, and don't treat "down payment" as "down payment".
Before consumers buy goods or receive services, they must see whether the payment is "down payment" or "down payment". For the "deposit", according to the relevant provisions of the contract law, if there is an agreement between the two parties, it shall be implemented in accordance with the agreement; If there is no agreement, the operator will double the "deposit" when it breaches the contract, and the consumer will not return the "deposit" when it breaches the contract. As for the "deposit", there is no clear provision in the law at present, which can be regarded as "advance payment". If there is an agreement between the two parties, it shall be implemented in accordance with the agreement: if there is no agreement, the operator shall unconditionally refund when it breaches the contract, and the consumer may ask the operator to refund when it breaches the contract.
Which is protected, deposit or deposit?
The so-called deposit refers to the money or its substitute paid by one party to the other party in advance according to a certain proportion (not exceeding 20%) of the contract amount when the contract is concluded or before the performance according to the law or the agreement of both parties. The deposit contract is subordinate to the main contract, and the premise of its establishment is that the main contract has been established and taken effect. The deposit is only a kind of payment in the nature of advance payment, and it does not have the nature of deposit. Therefore, when the purchaser signs the Provisional Agreement on Pre-purchase, whether the real formal contract of pre-purchase housing-the main contract can be established is still in an uncertain state, which is significantly different from the deposit contract. Therefore, the advance deposit is not a deposit, and the deposit penalty is certainly not applicable. The most basic difference between deposit and deposit is that deposit penalty applies to deposit. If one party breaches the contract, it shall double the deposit or have no right to claim it. However, applying this fine to the deposit will only have the effect of returning or offsetting the price.
The specific difference between deposit and deposit
The meaning of "down payment" and "down payment":
"Deposit" has a clear concept in law: it is not only a guarantee of performance, but also a kind of payment and compensation, that is, by paying a certain amount of money, it shows that both parties to the contract have performed the signed contract in good faith. If the buyer defaults, the deposit will not be refunded, and if the developer defaults, it will be returned to the buyer. The law clearly stipulates that the sensitive deposit amount cannot exceed 20% of the total contract price.
"Deposit" is not expressly stipulated in the law. The "down payment" appearing on the house subscription book, its owner or compensation is only unilateral, and it is the guarantee of property buyers to developers. It is not clear whether the developer will double the return if it defaults. If the developer defaults, just refund the deposit. .
Question 7: Can the rent deposit be refunded by 50 points? Your question can be understood as follows: you two signed a house lease contract with the lessee (non-owner): the lease period is half a year; The rental fee is one month and three months (plus four months' rent).
The author helps you analyze the following points from an expert's point of view:
1, if the lessee rents out the house without the owner's permission, it can be considered that the validity of the contract is pending. That is, the validity of the contract depends on the owner's ratification (validity) or opposition (disapproval of subletting is invalid);
If the landlord agrees to sublet, the lease contract between you and the lessor (the tenant you mentioned) is deemed to be valid. If the lessee (both of you) has rented it for two and a half months, it is a breach of contract and should bear the responsibility for breach of contract. If there is no agreement or unclear agreement on the liability for breach of contract, it can be determined that the liability for breach of contract (actual loss) is maximized to (6 months rent).
If the landlord agrees to sublet, the lease contract between you and the lessee is deemed valid. If you want to continue renting, the lessor has no right to let you move out until the contract expires. If forced to move out, the lessor (the tenant you mentioned) may be found to be in breach of contract. And can claim compensation.
If the owner does not agree to sublease, the lease contract between you and the lessee will be considered invalid. The principle of dealing with invalid contracts is to return things to their original owners. In the lease contract, the lessee (you two) deducts the rent for the actual lease term, and the lessor (the lessee you mentioned) returns the remaining rent and the deducted part to you. If losses are caused to the lessee (both parties), the lessor shall bear the responsibility.
To sum up, the author believes that the best solution is that if the owner agrees to sublease the lessor (the tenant you mentioned), you two had better continue to lease, otherwise, you will be liable for breach of contract; If the landlord doesn't agree with the lessor (the tenant you mentioned) to sublet, you two can get back all the unexpired house rent and deposit. And you can claim compensation for the actual losses caused to both of you.
Question 8: Can I refund the deposit? "Deposit" means that consumers pay a certain amount of money to furniture sellers (sellers) in advance to ensure the performance of the contract. If the contract is a "deposit", according to the relevant provisions of the contract law, if one party breaches the contract and both parties have an agreement, it shall be implemented according to the agreement; If there is no agreement, the furniture seller will double the "deposit" when it defaults; When the consumer defaults, the "deposit" will not be refunded. The total amount of "down payment" shall not exceed 20% of the subject matter of the contract.
As for the "deposit", there is no clear stipulation in the law at present, which can generally be regarded as "advance payment". The effectiveness of the "deposit" depends on the agreement of both parties. If there is no agreement between the two parties, the nature of "deposit" is mainly advance payment, which should be returned unconditionally when the furniture seller defaults; When consumers breach the contract, they can negotiate with the furniture seller and ask the operator for a refund. Unless otherwise agreed by both parties, such agreement shall prevail.
The difference between deposit and deposit is mainly manifested in the following aspects: 1. The agreement to pay the deposit comes from the contract, and the failure to pay the deposit according to the agreement does not constitute a breach of the main contract; The agreement to pay the deposit is part of the main contract. If the deposit is not paid as agreed, it will constitute a breach of the main contract. Two, the delivery and collection of the deposit party fails to perform the contract debt, there will be no loss or double return of the advance payment, the deposit can only be used as damages. Third, there are certain restrictions on the amount of deposit in the law. For example, the Guarantee Law stipulates that the amount of deposit shall not exceed 20% of the amount of the main contract; The amount of the deposit is freely agreed by the parties concerned, and the law generally does not limit it. Fourth, the deposit is a kind of guarantee, and the deposit is only a unilateral act, not a guarantee.
Question 9: How to refund the deposit when opening a Taobao shop first requires the seller to click to apply for unfreezing (unfreezing path: seller center-customer service-consumer protection service-unfreezing).
After submitting the unfreezing application, the system will unfreeze the deposit immediately if the following conditions are met, and the corresponding Alipay unavailable balance will be converted into available balance after unfreezing:
1. There is no ongoing deposit payment, and the deposit cannot be unfrozen during the review process of payment to the buyer. The audit needs to wait 3-5 working days.
2. If there are no ongoing after-sales or complaints, you can only apply for unfreezing if the after-sales/complaints status is (established/not established/revoked).
3. There is no ongoing payment record, and you can only apply for unfreezing after repayment or waiting for payment to be completed.
4. If there is no successful transaction within the guarantee period of 15 days, you can only apply for thawing after 15 days.
5. There is no unfinished transaction, and the transaction status must be successful/closed before applying for unfreezing.
6. If you have joined the featured service, please exit the featured service first, and then apply for unfreezing the deposit.
7. If it is not within the scope of the consumer protection margin doubling mechanism, you need to meet the conditions of the doubling mechanism before you can apply for thawing.
If the above requirements are met, the system will unfreeze the deposit immediately. If the thawing conditions are not met, there will be specific reasons why the deposit cannot be thawed. Please follow the prompts to solve the problem, and then click Apply to unfreeze the deposit.
Question 10: I don't want to rent the house after paying the deposit. Can I return it? This "deposit" is non-refundable, and this "deposit" can be refunded. As long as you write this "order", you will win the lawsuit, but usually people who know this meaning, such as developers, will not sign this "order" with you, they will only sign a "deposit".
This may be because of your landlord's carelessness and mistakes, so if you sue, you will definitely win and get the deposit back, but this process takes time and energy. . . . . . Do the math. Forget it if you don't have much money If you don't want to, rent it first. Now the house is easy to rent, how can it not be rented out?
I hope what I said can help you.