1. Disputes arising from non-refundable deposits belong to civil disputes and can be resolved through the following channels:

(1), negotiation. The two sides relied on their own strength to compromise and settle the dispute. This method is quick, simple and calm, but the negotiation content should be recorded in writing.

(2) mediation. The intervention of the third party will promote mutual understanding and concessions between the two parties to the dispute, and finally solve the contradiction. When the parties to the dispute lose the basis of dialogue, it is a wise choice to seek third-party mediation.

(3) arbitration. A dispute resolution mechanism for submitting disputes to arbitration institutions for arbitration. The arbitral award is final. If one party fails to perform the arbitration award, the other party may apply to the court for compulsory execution.

(4) litigation. A system in which one party makes a request to the court and the court decides the dispute. Litigation is the final and authoritative dispute resolution mechanism and the last barrier for the parties to safeguard their rights. What are the conditions for applying the deposit penalty?

If the party paying the deposit fails to perform its contractual obligations, it has no right to request the return of the deposit; If the party accepting the deposit fails to perform its contractual obligations, the deposit will be returned twice. If one party fails to fully perform the contract, the deposit penalty shall be applied according to the proportion of the unfulfilled part in the contract. To apply for a deposit, the following conditions must be met:

1. The deposit contract is a practical contract, which requires the actual payment of the deposit. If the deposit is not actually paid, and one party fails to perform the contract debt or conclude the main contract, the penalty of deposit cannot be applied.

2. The main contract must be valid. This is determined by the subordination of the deposit contract. If the main contract is invalid or cancelled, even if the parties have paid and accepted the deposit, the penalty of deposit cannot be applied. However, the parties may agree that the effectiveness of the deposit contract is independent of the main contract, that is, the main contract is invalid, but the deposit contract is not necessarily invalid.

3. If the parties fail to perform their debts, they cannot be exempted.

Legal basis:

Scope of Application of Article 3 of the Civil Procedure Law of People's Republic of China (PRC) The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and their property relations and personal relations.

Article 2 of People's Republic of China (PRC) Arbitration Law Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated.

Article 586 of the Civil Code of People's Republic of China (PRC) * * * The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.

Derivative problem:

Title:

How to solve the problem of not refunding the house purchase deposit?

Content:

1. The developer requires to sign the house subscription book first, and set the deposit clause as the signing guarantee.

If the buyer fails to sign the house sales contract within the agreed time, the developer will not keep the house and will not refund the deposit when it expires. What should I do in this situation? Let's take a look at the relevant legal provisions first.

1. Article 115 of People's Republic of China (PRC) Contract Law: If the party paying the deposit fails to perform the agreed debts, 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.

2. Article 89 of the Guarantee Law of People's Republic of China (PRC): 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.

3. 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 stipulates that if the seller accepts the buyer's deposit as a 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.

According to the above-mentioned legal provisions, we can draw the following conclusions: if a commercial housing sales contract cannot be concluded due to one party, it should be handled in accordance with the provisions of the Deposit Law, that is, if the buyer gives up the purchase for his own reasons, the buyer who fails to perform the agreed obligations has no right to demand the return of the deposit; If the seller fails to sell the house due to breach of contract, the seller who accepts the deposit shall return the deposit twice. If both parties can't reach an agreement on the main terms of the formal commercial housing sales contract and can't sign the contract, neither party has breached the contract, and the seller shall return the deposit in full to the buyer.