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Whether the deposit for second-hand house purchase can be returned

Time: July 2, 2024 label: Property disputes Second hand housing disputes Reading: 1264 people

Lawyer's analysis:

In general, about Second hand house sales Involved Deposit Generally speaking, the problem cannot be returned.
When both parties sign the relevant Purchase Agreement After paying the deposit, if the buyer is unwilling to continue buying buy a house The intention of the house, then this constitutes a breach of contract, in this situation according to Penalty for deposit , the original deposit will not be refunded.
However, if the contract cannot be performed smoothly as agreed due to the fault of the Seller, the deposit received previously is eligible for return, and it should also be returned twice according to the actual situation.
In addition, if the transaction cannot proceed normally due to some irresistible force, the deposit previously paid by the buyer should also be refunded and compensated.

Legal basis:

Article 586 of the Civil Code
The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is actually paid.
The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess shall not have the effect of a deposit. If the amount of deposit actually paid is more or less than the agreed amount, it shall be deemed that the agreed amount of deposit has been changed.

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Lawyers' answers

ask How much is the transfer fee for second-hand houses

The transfer fee for second-hand houses purchased for five years generally includes: 3% - 5% deed tax, 20% individual income tax, 1 ‰ stamp tax, 5.55% business tax and surtax, 6 yuan per square meter transaction fee and 80 yuan property right registration fee. The specific cost may be

Legal Counsel

ask Can you move households when buying second-hand houses

When purchasing a second-hand house, if the relevant conditions are met, the household registration can be transferred. The conditions include: the area of the real estate, the period of purchase, the total price of the house and the total number of the household registration population to be resettled must comply with the local laws and regulations on housing purchase and settlement; The original owner needs to move out of the household registration (or has not moved in); The purchaser shall provide

Legal Counsel

ask What are the precautions for the transfer of personal second-hand housing

Please pay attention to the following key points when purchasing second-hand houses: 1. Deeply understand the real estate situation, including the location, area, style, lighting, living facilities, property management and surrounding environment of the house. 2. Ensure clear property rights and complete data of the original household owner. verification......

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Latest high-quality answers

Selected pictures and texts Pufa video Voice Answers

How to deal with the second hand house seller's failure to cooperate with the transfer

Legal Advisor

In the transaction of second-hand houses, if the owner does not cooperate with the transfer, it can be handled according to the contract terms. First, solve the problem through negotiation and understand the reasons of the other party; If the negotiation fails, the purchaser can file a lawsuit according to law, demanding to perform the transfer obligation and compensate for economic losses. If you choose to terminate the agreement, you can ask for a refund and investigate the legal responsibility of the other party.

Views: one thousand two hundred and fourteen 2024-07-03
What materials and procedures need to be prepared for the transfer of second-hand housing

Legal Advisor

The buyer needs to be single/married to provide his/her identity certificate, household register, deed tax payment certificate; Married persons also need spouse certificates and marriage certificates. The seller needs ID card and house property certificate. If there are multiple co owners, all of them should sign or entrust notarization.

Views: eight hundred and forty-nine 2024-07-03
How to deal with the second hand house deception contract signing

Legal Advisor

In case of a false agreement caused by fraud in the sale of second-hand houses, the victim has the right to apply to the court or arbitration institution for cancellation of the agreement within one year (90 days for a major misunderstanding) after knowing the fraud. When the fraudster misleads the other party into making an involuntary contract, the victim can safeguard his rights according to law.

Views: one thousand four hundred and eighty-four 2024-07-02

What should buyers of second-hand houses pay attention to

Lawyer Li Jun

When purchasing a second-hand house, the buyer should pay attention to whether the house has the conditions for proper transaction, whether the property right of the house is clear, whether the quality of the house is qualified, whether the identity of the owner is true, and whether there are other non transferable situations; When signing the contract, the responsibilities of both parties for breach of contract shall be clarified, and the payment transfer time shall be indicated.

Play volume: one thousand one hundred and twenty 2022-06-07
Should the notary office notarize the purchase of second-hand houses

Lawyer Xu Wei

There is no need to go to the notary office for notarization when buying or selling second-hand houses, and the law does not make mandatory requirements. The purpose of notarization in the purchase and sale of second-hand houses is to ensure the authenticity, validity and legality of the purchase and sale contract, but it only produces the effect of creditor's rights and does not produce the effect of changes in biological rights.

Play volume: nine hundred and thirty-two 2022-06-07
Do you have to sign online to buy and sell second-hand houses

Lawyer Xu Wei

Online signing is not necessary for second-hand housing sales. Online sign refers to the process in which the transaction parties sign a contract and go to the relevant real estate department for filing, form a online sign number and publish it online. Users can query online through the online sign number. It is commonly used in the field of real estate transactions. The purpose of online signing is to prevent "multiple sales of one house" and make real estate transactions more transparent.

Play volume: one thousand four hundred and seventy-two 2022-06-07

94″

Is the buyer of second-hand house compensated 20% for breach of contract

Sheng Xinyin

Generally speaking, 20% is the higher standard of the agreed liquidated damages. In fact, the law is right to

Listening volume: eight hundred and forty-nine 2019-09-11
42″

How to Agree Liquidated Damages for Buying Second hand Houses

Liu Shuang

In many of the standard terms of the housing sales contract provided by the intermediary, the intermediary usually

Listening volume: eight hundred and fifty-four 2019-06-28
91″

What is the standard of compensation for breach of contract in second-hand housing sales

Sheng Xinyin

1. What is the proportion of liquidated damages in the total contract amount

Listening volume: eight hundred and seventy-three 2019-06-13

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