Issue 227
Today we are going to talk about a case where the deposit exception applies. Ms. Dai signed a subscription agreement with a real estate company and paid a deposit of 50,000 yuan. The agreement said that if Ms. Dai did not sign the contract when it expired, the 50,000 yuan would not be returnedIf the real estate company sells the house to someone else, it will have to return double the deposit to Ms. Dai. The two parties agreed to sign a formal contract after 8 days. But in the past eight days, Ms. Dai found that there was a sentence in the formal contract: "The model house is for reference only, and the company reserves the right of final interpretation." She immediately demanded that the decoration of the house be exactly the same as the model house, and deleted the words "model house for reference only" from the contract. Ms. Dai submitted a written opinion, and the staff replied: "The customer's opinion has been received." In this way, the two parties failed to sign the contract on the agreed date, and the real estate company informed Ms. Dai that the deposit of 50,000 yuan would not be refunded.
The court held that the parties failed to sign the contract on the agreed date because the parties were still negotiating on the house decoration standards and there was no breach of contract. The real estate company's reason for confiscating the deposit is untenable. The court further pointed out that it would be contrary to the principles of fairness and good faith to interpret the phrase "failure to sign the contract upon expiration" in the purchase agreement to mean that the failure to sign the contract at the expiration date for any reason would be a breach of contract.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing, if there is a cause not attributable to both parties that causes the contract for the sale and purchase of commercial housing to be concluded, the seller shall return the deposit to the buyer. The circumstances of this case belong to the situation that cannot be blamed on both parties, resulting in the failure of the contract for the sale and purchase of commercial housing. Therefore, the deposit rule cannot be applied. In the end, the court ordered the real estate company to return 50,000 yuan to Ms. Dai.
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Design |He Chen edYang Di.
*Clip |Zhao Ruitao Photography |Xu Yu.
Editor-in-Chief |Jiang Lin.
Supervision and Audit|Zhong Qian
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