There is only one word difference between deposit and deposit, but the legal nature is quite different. Deposit is not a standard concept. Legally speaking, it has the nature of advance payment and cannot guarantee creditor's rights. If the contract says "deposit", the effectiveness of the deposit depends on the agreement of both parties. If there is no agreement between the two parties, the nature of "deposit" is mainly advance payment, and the seller shall return it unconditionally in case of default; When the buyer breaches the contract, he can negotiate with the seller to solve the problem and ask the other party for a refund. Unless otherwise agreed by both parties, it shall be implemented according to the agreement, and the amount of breach of contract is generally not limited by law. The best way to buy a car is to write a "deposit" on the contract, so that if you want to return the car later, the deposit can be refunded. The deposit is not refundable. Although deposits and deposits have the same pronunciation, they are essentially different.
"Security deposit" refers to a certain amount of money paid by one party to the other party as a guarantee of creditor's rights according to the agreement. It is a kind of legal guarantee, which aims to urge debtors to perform their debts and ensure the realization of creditor's rights. When signing a contract, the deposit must be agreed in writing, as well as the amount and delivery period of the deposit. If the party paying the deposit fails to perform its obligations, it has no right to ask the other party to return the deposit; If the party accepting the deposit fails to perform the debt, it shall return the debt to the other party twice. After the debtor performs the debt, the deposit shall be offset against the reduced price or recovered as agreed.
However, the current law in China does not clearly stipulate "down payment". It can be regarded as "down payment" if it does not have the guarantee nature of down payment. If the contract cannot be performed, in addition to force majeure, it shall also be liable for breach of contract according to the faults of both parties.