Buy a house not to ask “double return” deposit 400,000!Does the court uphold it?A few details cannot be neglected!
Before buying a house to the seller paid 200,000 deposit the final purchase contract did not sign into the buyer took the previous “agreement” to Sue for double return deposit 400,000, but was rejected by the court about “deposit” what do we need to pay attention to?For the details of the case?In September 2020, Mr. Lu learned from the housing agency of a factory located in Zhangting town, Yuyao, Zhejiang province. After many on-site visits to the house, Mr. Lu decided to buy the factory.In December of the same year, Lu negotiated with Lin, a family member of the house owner, about the details of the purchase of the factory, and on the same day, he remitted 200,000 yuan by bank transfer as a deposit.Lin mou in “factory sales deposit receipt” as the payee signature, which reads, “if the buyer does not want to buy this plant, this deposit belongs to the seller, if the seller is not willing to sell this plant, the deposit will double the return of the seller, both sides agreed to sign the plant sales contract within a week.”However, the two sides failed to reach an agreement on the main contract terms such as the scope of plant sale and payment method, resulting in the delayed signing of the house sale contract.Considering that the two sides failed to reach a consensus on the contract content, a few days later, Lin returned the 200,000 yuan deposit to Lu.Sales “failed” buyers require double return of the deposit is not easy to look at the house, the deposit is paid, the house is ready, the difference is “a foot” to sign the contract, the seller does not sell, which makes Mr. Lu helpless and angry.For this, Mr Lu sues Lin mou to court of people of yuyao city.In the trial process, Mr. Lu that the two sides have reached an agreement on the main terms of the contract, and delivered to the defendant 200,000 deposit, at the same time, deposit receipt upload to sign a formal contract within a week, now Lin refused to sign, there is a fault, it requires Lin double return deposit 400,000 yuan.In this regard, Lin mou argues that he is only the representative when negotiating plant business, and not the owner of property rights.Second, the two sides have not negotiated the price of the plant, the method of payment, the three important conditions of the house, it is impossible to sign the purchase contract.In view of the plant sales contract has not been signed, deposit receipt should also be invalid.Third, the two sides did not sign the purchase contract is not consultation, not the defendant’s unilateral fault, should not apply to the deposit penalty.I ask the court to dismiss the plaintiff’s claim.The deposit receipt is valid but not applicable to the deposit penalty. The court considers that the “deposit receipt for factory sales” is the true meaning of the parties, and its legal effect is generated when the parties actually pay the deposit.So, the defendant should be in accordance with the deposit receipt of the agreement, assume the double deposit return of the breach of contract liability?According to the spirit of article 115 of the Contract Law of the People’s Republic of China, the deposit penalty shall be applicable to the situation where one party is at fault and has a breach of contract.In this case, the original, the defendant submit evidence and statements of the parties, the court said to found the defendant breach and single fault, for the following reasons: one, the two sides could not agree on the main terms, failed to a formal contract, cannot prove that is caused by the defendant breach and single fault.The premise of applying the deposit penalty is that the two parties should reach an agreement on the main terms of the house sale. If the two parties fail to reach an agreement on the main terms of the house sale, the application of the deposit penalty obviously violates the principle of voluntariness and fairness in the contract law.Specifically in this case, the Deposit Receipt did not clearly record the main contract terms agreed by the two parties, including the scope of sale of real estate, sale price and payment method, etc., so it is difficult to assume that the two parties have reached a complete agreement.The evidence provided by the plaintiff can only show that both parties have disputes over the main terms of the contract, and cannot prove that the failure to sign a formal contract is caused by the defendant’s breach of contract or unilateral fault.Ii. Both parties are at fault for the plaintiff’s failure to exercise due diligence during the consultation.As a market transaction subject with common sense and rationality, the plaintiff should exercise the necessary duty of prudence and care in the transaction process, and should know that the defendant is not the property right owner, and the defendant’s behavior is not enough to make the plaintiff have sufficient reason to believe that he has the agency.To sum up, the failure of both parties to sign a formal contract cannot be solely blamed on the defendant, and it should be reasonably presumed that the negotiation failed. Therefore, the deposit penalty should not be applied in this case, and the defendant does not need to bear the liability for breach of contract of double return of the deposit.The plaintiff filed an appeal after the verdict of the first instance.Recently, the court of second instance upheld the original judgment.As a universally applicable money guarantee, deposit plays a positive role in promoting both parties to honor their commitments and improving transaction efficiency. It is widely used in daily transactions such as car purchase and house purchase.Different from guarantee, mortgage, pledge, lien and other guarantees to ensure the interests of the creditor, deposit provides performance protection for both parties.In other words, the punitive legal effect of the deposit may occur in the party who pays the deposit, and may also occur in the party who receives the deposit.In daily operation and life, the parties who conclude the contract often think that as long as the deposit contract is signed, they can “rest easy”, but in fact it is not.In this regard, the judge makes a reminder: first, the application of deposit penalty is conditional.As the parties to the contract, both parties have the obligation to negotiate the conclusion of the contract actively and in good faith, and promote the contract as soon as possible.If idle at fulfilling corresponding obligation, bring about the contract to fail to conclude, although signed deposit contract also cannot apply deposit penalty.At the same time, if you want to apply double deposit return penalty, these details must pay attention to!Including the deposit must have completed the actual delivery, the main contract in the deposit penalty must be valid, the contract has not concluded is a unilateral breach of contract, etc..2. The necessary duty of care shall be exercised during the transaction.When signing the contract, the buyer shall fulfill the necessary obligations of prudence and care, such as verifying the information of the owner of the house, whether the house is occupied and other relevant information, and specifying the specific time and place of delivery in the contract to prevent disputes between the two parties during the performance of the contract.Article 586 of the Civil Code of the People’s Republic of China: The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor’s right.The deposit contract shall be formed when the deposit is actually delivered.The amount of the deposit shall be agreed upon by the parties;However, it shall not exceed 20 percent of the amount of the main contract, and such amount in excess shall not be effective as a deposit.If the amount of the deposit actually paid is more or less than the agreed amount, it shall be deemed as changing the agreed amount of the deposit.Article 587 of the Civil Code of the People’s Republic of China: Where the debtor performs his debt, the deposit shall be set off against the price or recovered.Where the party paying the deposit fails to perform its obligations or rendered non-conforming performance, thus making it impossible to realize the purpose of the contract, it shall not be entitled to request the return of the deposit.If the party receiving the deposit fails to perform its obligations or does not perform in conformity with the agreement, thus making it impossible to realize the purpose of the contract, it shall return the deposit in double.(Shanghai Legal News)