How can I get my deposit back for buying a second-hand house? Detailed explanation of refund conditions and legal basis
Recently, deposit disputes in second-hand housing transactions have become a hot topic, especially during the period of real estate market policy adjustments. Many home buyers want their deposits returned for various reasons. This article will combine legal provisions and actual cases to sort out the key points of deposit refund for second-hand houses.
1. 4 common situations of deposit refund
| Situation classification | Legal basis | success rate |
|---|---|---|
| Seller's breach of contract (e.g. concealing defects in the house) | Article 587 of the Civil Code | More than 90% |
| Bank loan not approved | Article 23 of the Judicial Interpretation of Commercial House Sales Contract | 60-70% |
| Sudden loss of qualifications to buy a house | Supplementary terms for local purchase restriction policies | About 50% |
| Intermediary services are fraudulent | Article 55 of the Consumer Rights Protection Law | More than 80% |
2. Latest data on deposit disputes in 2023
| area | Number of complaints (pieces) | Average refund amount | Main points of dispute |
|---|---|---|---|
| Beijing | 127 | 82,000 yuan | School district housing policy changes |
| Shanghai | 98 | 75,000 yuan | Contract cancellation due to price fluctuations |
| Guangzhou | 85 | 63,000 yuan | Loan approval failed |
| Shenzhen | 76 | 91,000 yuan | Home purchase qualification issues |
3. 5 steps for practical refund
1.collect evidence: Including chat records, contract terms, photos of house defects, etc.
2.Send a lawyer's letter: Claim rights through formal channels
3.Negotiation and mediation:Coordinated through intermediaries or housing management bureaus
4.Administrative complaints: Complain to the housing construction department or the Consumers Association
5.litigation preparation: Organize materials to prepare for prosecution
4. Three time points to pay special attention to
| critical deadline | Specific provisions | Consequences of overdue |
|---|---|---|
| Within 7 days after deposit payment | Can be withdrawn without reason (applicable to some cities) | Loss of "cooling off" privileges |
| Within 30 days after signing the contract | Best Period to Claim Seller’s Default | Evidence is perishable |
| Within 1 year after the dispute occurred | Limitation period | Loss of right to win |
5. Expert advice
1. Before signing a contract, be sure to verify core information such as the real estate certificate and mortgage status.
2. It is recommended that the deposit amount should not exceed 5% of the total house price.
3. The "exit clause" is clearly stated in the contract, such as "if the loan is not approved, the contract can be terminated without liability"
4. Pay the deposit through the capital supervision account rather than directly to the seller
The recent problem of "deposit refund difficulties" in many cities has attracted the attention of regulatory authorities. Beijing, Hangzhou and other places have begun special efforts to rectify intermediary violations. If home buyers encounter deposit disputes, they can call the 12345 citizen hotline to lodge a complaint.
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