The series of answers I wrote about "Knowledge Points for Deposit Refund" has been written to the 208th article on February 28, 2024, and the rest can be seen on my homepage. I will study and refine the judgment of the deposit refund, plus my own experience analysis and expansion of the success of the deposit refund in the past few years.
Knowledge points for refunding the deposit 208 Negotiate and sign the purchase contract and make unreasonable demands and pay the deposit
The court's judgment: This court believes that the reason why Zheng and Wang failed to complete the sale of the house involved in the case and led to the dispute in this case was due to the parties' regret that the house sale failed to meet their expectations. Judging from the facts ascertained in this case, after the two parties reached an agreement on December 10, 2021, Wang first made requests to Zheng on the grounds that Zheng was suspected of speculating in a house, such as "providing the customer's information, work unit, and identity", "2.4 million yuan is paid in a lump sum, and the installment payment is no longer accepted, and 100,000 yuan can be retained when the transfer is transferred", but also repeatedly expressed his intention not to sell the house and return the deposit. This is also the reason why Wang and Zheng will meet on December 17, 2021, the day before they agree to sign the real estate sales contract.
During the interview on December 17 and 18, 2021, after receiving a guarantee from Zheng that his purchase of the house involved in the case would be used for self-occupation, Wang agreed to continue to perform the agreement according to the house price of 2,320,000 yuan, but still proposed to add the clause of "transfer the property to Ms. Zheng, if the contract is violated, pay the liquidated damages of 50 of the house price", and raised the issue of tax bearing. As a result, the two parties did not sign the real estate sales contract on December 18, 2021, and Wang asked Zheng to clean up the decoration materials. As for the breach of contract between Zheng and Wang, this court believes that Zheng did not limit whether Zheng used the house involved in the case for self-occupation or after renovation, and the two parties did not limit it in the agreement dated December 10, 2021, so it did not affect the performance of the agreement. Although Wang still agreed to the house involved in the case of 2,320,000 yuan, he proposed matters such as the designated transfer object and the bearing of taxes and fees that were not involved in the agreement on December 10, 2021. In this regard, this court believes that under normal circumstances, the two parties can implement the tax in accordance with the provisions of the law, and there is no need for additional negotiation; As for the issue of the transfer object, the seller is only obliged to assist in the transfer procedures, and whether the transfer object includes the buyer's family members does not affect the seller's rights and interests, nor should it affect the performance of the house sale contract. Therefore, Wang's refusal to perform the agreement on this ground is unreasonable, and his request for Zheng to clean up the decoration materials indicates that he no longer performs the agreement. Based on the above, this court believes that Wang has breached the contract and should return Zheng Ye's deposit of a total of 200,000 yuan in accordance with the law. Dakang analysis: signed the "Subscription Letter" and paid the deposit, but before signing the "Commercial Housing Sales Contract", the seller did not want to sell, so he put forward various requirements. Is it in the negotiation stage, various requirements can be put forward, such as the down payment ratio, the transfer object can not be changed, etc., as long as the negotiation is inconsistent, it cannot be attributed to both parties, the deposit can be returned, and the transaction is cancelled? Wrong. If unreasonable demands are made during the negotiation, resulting in the final "Commercial Housing Sales Contract" not being signed, the seller will have to return the deposit twice. Dakang expansion: The reasons put forward by the seller are not reasonable, such as: how to bear the taxes and fees, under normal circumstances, the two parties can implement it according to the law, and there is no need to negotiate separately; As for the issue of the transfer object, the seller is only obliged to assist in the transfer procedures, and whether the transfer object includes the buyer's family members does not affect the seller's rights and interests, nor should it affect the performance of the house sale contract. Therefore, although it is in the negotiation stage, the problems and reasons of the seller's negotiation are unreasonable, and it is the party at fault who fails to sign the "Commercial Housing Sales Contract" and must bear the liability for breach of contract. Related knowledge points in the past: 18 knowledge points of the deposit refund, the seller refused to sell for various reasons, and the court awarded 100,000 yuan. The landlord of this second-hand house is also an amazing person, who can find so many reasons not to sell the house. The buyer is also easy to talk to, and he retreats step by step, and in the end there is no way to retreat. But the buyer paid the deposit, and the seller obviously didn't want to sell, nor did he want to return the deposit, let alone lose the deposit. Both sides eventually go to court and let the judge decide. The judge learned about the situation of both parties and found that the seller found various reasons for not wanting to sell, many of which were unreasonable, and the judge believed that these unreasonable reasons were the reasons for the inability of the parties to complete the transaction. Therefore, the judge ruled that the seller was in breach of contract, refunded the deposit, and compensated the deposit. 2022 Zhihu recommends new answers. Dakang will provide three ways to refund the deposit, and 90% of paid inquiries will be replied within 5 hours. If you have any questions about the refund of the deposit, please feel free to pay for consultation.
Dakang 284 consultations493631 times agree to go to the consultation meeting to see the refund deposit problem are all real-life encounter the problem of refund of the deposit for the purchase of the house, it is recommended to read more than 300 refund deposit answers on my homepage. It took me a lot of time and energy, and I hope it will be helpful to you with your withdrawal questions, and of course it is excellent to entrust me.