Deposit, according to the relevant provisions of China's current laws, does not have the nature of deposit, belongs to unilateral behavior, and does not have obvious guarantee nature. If the party paying the deposit claims the right of deposit, the people's court will not support it.

Generally used in real estate, according to the relevant provisions of the Notice on Regulating the Pre-sale Behavior of Commercial Housing in Real Estate Development Enterprises issued by the Municipal Bureau of Housing and Land Resources, if a real estate development enterprise collects a deposit, the amount of the deposit shall be less than five thousandths of the total house price, and the deposit shall be returned or offset immediately after the two parties sign the pre-sale contract or the sales contract.

Step 2 deposit

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:

The difference between deposit and deposit

1. Deposit is a normative legal concept and a form of guarantee voluntarily agreed by the parties to the contract to ensure the performance of the contract, while deposit is a unilateral act with no obvious guarantee nature.

2. The effectiveness of the deposit depends on the agreement of both parties. If there is no agreement between the two parties, a full refund can be made; The effectiveness of the deposit depends on the recognition of both parties, and it must be agreed in writing, which has legal effect and cannot be returned under normal circumstances.

3. The deposit can be returned through coordination between both parties. Only when the developer's qualification is incomplete, the developer breaches the contract (the developer mortgages the project under construction without informing the buyers) and the subscription contract signed is not standardized can the deposit be refunded.

Baidu encyclopedia-deposit

Baidu encyclopedia-deposit