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What are the unequal deposit clauses in second-hand housing sales

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What are the unequal deposit clauses in second-hand housing sales


        

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  • 2024-06-08 16:01:42

    The unequal deposit terms in the second-hand house sale are: no matter whether the second-hand house sale is successful, the deposit will not be returned; The deposit for the buyer to unilaterally break the contract will not be returned, and the seller to unilaterally break the contract will return the original deposit instead of double the deposit.
    Legal basis: Article 586 of the Civil Code may stipulate 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. 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. Article 587 When the debtor performs his obligation, the deposit shall be set off against the price or recovered. The party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, and has no right to request the return of the deposit; If the party receiving the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit.

    R***

    2024-06-08 16:01:42

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