Deposit, according to the relevant provisions of China's current laws, does not have the nature of deposit, belongs to unilateral behavior, and does not have obvious guarantee nature. If the party paying the deposit claims the right of deposit, the people's court will not support it.
In general, the deposit is regarded as an advance payment. When the party who pays and collects the deposit fails to perform the contract debt, there will be no loss or double return of the advance payment, and the deposit can only be used as damages.
Extended data:
I. Relevant laws
1. The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After 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 agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
2. The deposit shall be agreed in writing. The parties shall stipulate the time limit for the payment of the deposit in the deposit contract.
The deposit contract shall take effect from the date when the deposit is actually paid.
3. The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.
Second, the loan to buy a car matters needing attention
1, hidden costs need to be known in advance:
Generally, this situation is easy to happen in secondary dealers. In fact, as long as consumers ask about the expenses included in the total price when booking a car, are there any other hidden expenses, such as new car inspection fees and delivery fees? And also pay attention to whether the loan contract is provided by the bank, so it is troublesome to use the hands-free car.
2, installment car insurance binding:
If consumers choose to buy a car by credit card, the general automobile dealer will ask the designated insurance company to handle the car insurance for a specified period of time, and consumers should pay attention to whether the car insurance price is acceptable.
3, oral agreement does not guarantee:
Unless consumers apply for unsecured credit loans in the bank and go to 4S stores to buy a car in full, other forms of loans will not get the discount of buying a car in full.
At this time, car dealers often verbally promise various concessions to consumers, but the promises that are not on the pen are all on paper. In order to avoid disputes in the future, consumers need to consider when choosing a car loan method.
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