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Can I refund the deposit after signing the car purchase contract

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Can I refund the deposit after signing the car purchase contract


        

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  • 2024-06-02 09:00:48

    Whether the deposit for buying a car can be refunded should be determined according to the contract.

    The deposit, according to the relevant provisions of the current laws of our country, does not have the nature of the deposit, but is a unilateral act, and does not have an obvious nature of guarantee. The people's court shall not support the claim of the party who pays the deposit.

    In general, the deposit shall be regarded as advance payment. If the party who delivers or receives the deposit fails to perform its contractual obligations, there will be no loss or double return of the advance payment, and the deposit can only be used as damages.

    [Legal Basis]

    Article 587 of the Civil Code states that if the debtor performs his obligation, the deposit shall be set off against the price or recovered. If 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, it shall not have the 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.

    h***

    2024-06-02 09:00:48

  • civil Relevant knowledge

  • law

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