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【天眼问政·记者帮你问】购房定金可退吗?“定金”和“订金”有什么区别?律师解答来了!
Sou Hu Cai Jing· 2025-06-18 12:21
Core Viewpoint - The article discusses the issue of whether a housing deposit can be refunded, highlighting a case where a buyer, Mr. Liu, sought to retract his deposit after reconsidering his purchase decision. The legal expert clarifies the distinction between "earnest money" and "deposit," emphasizing that the former is non-refundable under certain conditions [2][6][8]. Group 1: Case Summary - Mr. Liu paid a deposit of 10,000 yuan for a property but later decided not to proceed with the purchase due to personal reasons [2]. - Upon requesting a refund, the sales personnel refused and instead pressured him to sign a purchase contract [5][6]. - Legal expert Cai Xiaobao explained that since the deposit did not exceed 20% of the total contract amount and the agreement specified non-refundability under certain conditions, Mr. Liu's deposit is not refundable [8][9]. Group 2: Legal Distinctions - The article outlines the legal differences between "earnest money" and "deposit," noting that earnest money serves as a legal guarantee under the Civil Code of the People's Republic of China, while deposits are generally considered prepayments without specific legal backing [8][9]. - It is highlighted that the amount of earnest money cannot exceed 20% of the contract value, while there are no legal limits on the amount of a deposit [9]. - The consequences of breach differ significantly: if the party providing earnest money fails to fulfill their obligations, they cannot reclaim the earnest money, whereas deposits typically allow for refunds unless otherwise agreed [9][10]. Group 3: Recommendations for Consumers - Consumers are advised to carefully review contract terms to distinguish between "earnest money" and "deposit," as this affects their rights regarding refunds [10][11]. - It is recommended to only pay earnest money when certain of contract fulfillment, while deposits should be negotiated to clarify refund conditions [11]. - Retaining proof of payment and ensuring the nature of the payment is clearly stated in the contract is crucial for consumer protection [11].