Deposit means that both parties agree to pay a certain amount of money to each other as a guarantee in order to ensure the performance of debts. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract. The deposit contract shall be in written form, and the time limit for delivery of the deposit shall be stipulated in the contract, and the deposit contract shall take effect from the date of actual delivery of the deposit.

After 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 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.

Extended data:

Some time ago, Ms. Yu of Gaomi took a fancy to a family car in a car 4S shop and paid a deposit in advance. Just as she was preparing to pick up the car recently, a big change happened at home and she had to give up her car purchase plan.

Ms. Yu said: "I went to the 4S store and wanted to get back the initial deposit. If the 4S shop doesn't give it to me, I'll go to the Consumer Association and complain. With their help, the deposit came back. Thank you very much for your help. "

Although the deposit was finally refunded, the process did have some twists and turns. Ms. Yu said that after paying the deposit, she signed a simple car purchase agreement with the seller. The word "deposit" is written in the agreement, because the difference between "deposit" and "deposit" is not very clear.

Therefore, when disputes arise, 4S stores deliberately confuse the difference between "deposit" and "margin" in an attempt to intercept funds. Thanks to the help of the consumer association, her economic loss was avoided. So what's the difference between "down payment" and "down payment"?

Zong Baishun, a staff member of gaomi city Consumers Association, explained that legally speaking, Bao Gai's "set" has the nature of guarantee. If the recipient breaches the contract, it is necessary to double the deposit. If the payer breaches the contract,

You have no right to ask for a refund of the deposit; The "deposit" next to the word is not a legal concept, and it is generally regarded as advance payment in judicial practice. As an advance payment, if the business cannot be realized due to the reasons of consumers or sellers, the paid "down payment" should be returned.

Although there is only one word difference, this nature is very different. Consumers should read carefully when buying valuables and signing contracts. If there is a clear agreement in the contract, you can't go back on your word after paying the money.

Baidu encyclopedia-deposit