Is not the same as the "deposit", "deposit"

on Monday morning at eight o 'clock, "blue rhyme garden" Yu Xiaotong sales manager just went to the door of the sales offices, saw a group of people gathered the hall screaming.He started so that the customers how to booking, and very happy in my heart, exulting sales again this week., etc. He found that in the atmosphere wrong, however, saw the salesman little blue constantly apologize to two angry men.Small blue turned to see Yu Xiaotong, just like saw savior, ran grabbed Yu Xiaotong hand towards the two men shouted: "you come here, how do you say to hear us from the manager."

older men, heard that the manager coming, a step blunt to Yu Xiaotong, excitedly shook a piece of paper saying: "I pay the money to set the room, but you have sold the house to others, I do not see how you explain to me!"Onlookers also comment in succession: "do you sell more than a room, this is not do not speak credibility? It room in here no good..."A house sold two?Yu Xiaotong hurriedly put two men come in his office, to understand the cause and effect of things to them.

it turns out that the older the man surnamed tang, a young man is his only son tang.Tang graduated from the university has participated in the work, the girlfriend has just signed a contract of employment with a company, seeing the two men's work is stabilized, the wedding on the agenda.

these years old tang running a business is a small savings, and then to discuss with his wife to his son to buy a house.Whenever you have the old couple told tang, a look around the house, have the right's go to be fixed.So tang and his girlfriend went to the house every weekend, finally in a newly opened "blue rhyme garden" took a fancy to a set of three room detached wing.House is a house, the old tang dynasty followed to look at the family, the environment and supporting facilities are good, housing 4000 yuan per square meter, the comparison is reasonable, the family decided to buy this suite.

home old tang and his wife take money, but found out the deposit certificate from the certificate of deposit matures and more than a month's time.If this time out, the interest is calculated on demand deposits, hundreds of thousands of pieces of deposit interest is not a small number, Ken couple feeling the pinch.But not out, and it is difficult to raise hundreds of thousands of cash, such as house prices or sell is bad for two months.Ken dilemma, as his wife said, "I can't pay the entire section, can pay a part of the deposit, the house decided. They take our money not afraid we don't buy, we pay the money also don't have to worry about their prices or to sell, so rest assured on both sides."

"yes!"Ken a racquet head: "why can't I didn't think that the best of both worlds of the idea?"Son hurriedly hurried and took fifty thousand dollars and headed for the "blue rhyme garden" the floor.Sales personnel to hear them say that finish, straight quart Ken had the foresight to the receipt immediately to take them to the accounting office, because the pay fifty thousand dollars is not a full and a down payment, so did not sign a formal contract that buy a house.Agreed upon and other old don paying deposit and sign a contract, accounting office to issue a delivery old tang deposit instructions: "wu received Tang Guoming pay the deposit of ten thousand yuan, plans to buy blue rhyme garden floor, 402 families in the unit 4 within 60 days filling the rest of the house."

receipts and instructions, Ken.Later a period of time, the local prices straight up, take the "blue rhyme garden", unexpectedly rose by 300 yuan a month.Ken made a merry heart, their order of house of 100 square meters, is up to rise thirty thousand yuan.In the face of soaring house prices, old tang of his wife began to worry, developers will not JianCaiQiYi, sell yourself a good house?Old tang on the receipt of the bag and instructions to comfort his wife: "we made deposit, write clearly in black and white, also cover the official seal, not afraid they do not recognise."

, the in the mind also not especially old tang bottom, after all, oneself still do not hand in full, property developers to sold the house to earn the money.The next day the old tang excuse to go out to walk, take a taxi straight to "blue rhyme garden".To pay the deposit of the door in front of the house, got a fright, old tang has been rolling out the inside floor, a few workers MangMangHuoHuo, it looks like is decorated.Ken was afraid of the wrong door, confirm it again, that's right!Is the 4th floor, room 402, 1 unit of the suite that he made the deposit.

Ken came into the room to ask how to return a responsibility, a young man came over and said warmly: "big ye, I this decoration design?"

old tang angrily asked: "who let you decorate?"

the young one leng: "I don't decorate my house waiting for you to give me pack (repair)?"

you listen old tang nasty: "what is your house, this is my house!"

young people see the appearance of the old don worry not like joking, hurried to make into the back room, old tang from the bag out of the contract that buy a house to look, Ken Ken see not your name on the contract, gawking at once.

young people tell Ken, the house is full to buy half a month ago, getting married, buying a sales staff did not say when someone is scheduled to this house.He reminded the old tang to the floor ask, if they were wrong.

Ken went home sadly, afraid of sick wife out sick, some don't dare to tell immediately.Son tang, such as home, called tang to indoors and to speak out in on what the home.Tang is the sound of the marriage room out of the question, is also very angry, two people to discuss the next day to ask a clear sales center.

in the morning, the sales center just to work, old don and tang was found when they set the room clerk small blue and small blue a listen to customers set a good house was sold to others, is also a scratching his head.After enquiry, the original house was sold by another salesman li fang.But li fang argue that with their clients to pay up, the bursar's office didn't inform this house has been booked.It's no use crying over spilt milk., little blue have to consult with Ken father and son, to refund the deposit.

old tang is the sound of the fire: "you still don't deposit, I need a house, a full refund, house prices going up so much now, and this house loss you how don't compensate for us?"Tang is also very angry, the pull small blue to a statement, then story happened in the beginning.

Yu Xiaotong finish to know why, and Ken to certificate the one according to the bursar's office, carefully watched it again, very relevant to say: "big ye, this happened we are very sorry, but we can only make a refund of the decision."

gas is bad, old tang dynasty Yu Xiaotong rang: "do you sell me the scheduled room, is the default, not compensate my loss, I go to court against you!"Say that finish pull tang angrily left.

tang Yu Xiaotong talk look very comfortable, the in the mind some nervous, will the developers are handled really make sense?The court will really support their claims?So tang decided to consult a lawyer.

a lawyer after listening to the old account of tang and his son, carefully read the proof, the old tang said: "I suggest you to accept the developers of the decision, because the mark on this prove you pay fifty thousand yuan is" deposit ", not " deposit", so the developers did not substantially binding. In other words, existing evidence, we cannot be sued for the other party be liable for breach of contract."

see a face of doubt, old tang lawyers gave them a detailed explanation: in law, "deposit" and "deposit" the distinction that having essence. "deposit" means agreed by the parties by a direction of the other party to pay, as creditor's rights guarantee a certain amount of money, it belongs to a legal way of guarantee, aims to encourage the obligor, to the extent of the obligee's right protection.When signing a contract, the deposit must be agreed in writing, at the same time should also be the amount of deposit and the delivery date.To pay a deposit if one party fails to perform the debt, the right to require the other party return deposit;Accept the deposit if one party fails to perform the debt, need to pay double the debt to another party.The obligor, the in accordance with the agreement, the deposit shall be set off against the price or refunded to the obligor. and "deposit" currently there is no specific provision in the law in our country, it does not have the deposit guarantee of nature, can be regarded as "advance payment", there is no guaranteed creditor's rights, the rights of the delivery of the deposit of one party claims the deposit, the people's court shall not support.

old tang hear here just understand, the original play a word game developers and himself, with a "deposit" exempt from all responsibility.This old tang regret ah, if can be more careful when their contributions, or find a wise men put a shimonoseki, won't end up now.

friends, as the growth of the economy and the construction of the rule of law society, the contract has become a common thing in our life, buy a house to buy a car to buy insurance, etc., all need through the contract to clear the responsibility of both parties.But also there will be bad businessmen use customer negligence or ignorance of fudging of the contract, be exempted from their responsibilities or losses to customers.So we at the time of signing a contract must open your eyes, analysis of each clause clearly, for not clear can ask professional personage to help analysis, avoid like old tang lost his house, and has no rights.

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