If the intermediary does not refund the deposit, it can complain or report.
1。 When you complain to the industrial and commercial bureau where the intermediary company is located, you need to bring the original relevant evidence and check the business premises and legal person of the housing intermediary company in advance (as long as it is a regular company, it can be found on the website of the industrial and commercial bureau).
2。 Consumer complaints from the industrial and commercial bureau are still the most useful way. If the industrial and commercial bureau will coordinate and inform the results within 7 working days, it is ok to take the contract to the intermediary company for deposit.
3。 Complaints from the Urban Construction Bureau can be made directly online, and the Urban Construction Bureau will also coordinate with the housing agency, but it is unlikely. You can appeal later.
Precautions:
(1) Be sure to keep the original rental contract and deposit slip.
(2) If the rent and other expenses have been paid to the intermediary, either let the bank run water or ask the intermediary company to issue a receipt.
What is the function of "deposit"
1。 When the contract is performed normally, the deposit is taken as the price or recovered by the delivery party;
2。 When the contract is not performed, the penalty of deposit shall apply: that is, the delivery party violates the contract and has no right to recover; If the donee breaches the contract, it shall be returned twice.
Can the deposit be deducted from the loan?
The deposit can be used to offset the purchase price. Deposit is a guarantee way to ensure the performance of the contract. After the contract is performed, the deposit can be used to offset the purchase price. If the party paying the deposit fails to perform the contract, the law clearly reminds it that it has no right to request the return of the deposit, and the party receiving the deposit shall double the return of the deposit if it fails to perform the contract. It is not clear whether the contract is performed as agreed. Without a written contract for the deposit, the deposit cannot be established.
The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights, and the deposit contract shall be established when the deposit is actually paid. The amount of the deposit shall be agreed by the parties. However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 3 of the Civil Procedure Law of People's Republic of China (PRC)
The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 964 of the Civil Code of People's Republic of China (PRC)
If the broker fails to facilitate the establishment of the contract, he may not request payment; However, customers may be required to pay the necessary fees for intermediary activities as agreed.
Article 587 of the Civil Code of People's Republic of China (PRC)
If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.
Article 588 of the Civil Code of People's Republic of China (PRC)
If the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clause.
If the deposit is not enough to make up for the losses caused by one party's breach of contract, the other party may demand compensation for the losses exceeding the deposit amount.