Deposit, also known as deposit, is a way to pay a certain amount of money as a loan guarantee before the contract comes into effect or performance. Article 89 of the Guarantee Law states: "One party may pay the deposit to the other party within the scope prescribed by law. After the borrower performs the debt, the deposit shall be used as the contract money or recovered. If the party paying the deposit fails to perform the debt, the deposit shall not be refunded; If the party accepting the deposit fails to perform the debt, it shall double the deposit. "

advance payment

Deposit is a temporary subscription agreement that buyers and developers basically reach an understanding on the willingness to buy and sell real estate, and prepare for further negotiation and signing in advance. The general practice is to promise a time limit after selecting the house number, total area, house price and total contract amount, and the buyer needs to sign a formal contract with the seller within this time. Priority is given to the down payment for house purchase this time.

Under normal circumstances, the deposit is regarded as a deposit. The deposit does not have the performance effect of the secured debt, nor can it confirm the establishment of the contract. Under the normal performance of the contract, the deposit becomes a part of the price; In case of failure to perform the contract, whether the payer breaches the contract or the receiver breaches the contract, the original amount shall be refunded.

deposit

It is common in contracts signed by intermediary companies and buyers and sellers, and there is no legal meaning of money. Intermediary companies often sign letters of intent with both parties to the transaction because the management system of the principle of good faith in China's trading market is not perfect. In order to safeguard their respective rights and interests, trading subjects usually violate the principle of good faith, thus endangering the rights and interests of one party. Therefore, "intention money" appeared in the market.

Subscription fund

"Sincerity gold" means that buyers show their sincerity in buying a house, which should be expressed by paying "recognition gold". After paying the subscription money, the buyers will get the preemptive right of the house and enjoy a certain degree of discount on the house price. It is not until the new property officially begins to be sold in the market that sincere buyers will choose the first purchase, and then sign a formal contract with the developer after choosing the right house.

If the buyers do not choose their favorite house, the real estate developers will return all the subscription money to the buyers. However, the essential function of the subscription fund is for developers to retrieve huge assets in a short time before the opening of new houses to solve urgent needs.

Property buyers should pay attention to the explanation of the written agreement and whether the seal of the collecting company is intact when paying the intention money, and pay attention to deducting the intention money in advance for new buildings without pre-sale permit. If there is a risk that the new property has not been able to get the pre-sale permit or the uncompleted residential flats, the capital chain of the housing enterprises will be broken, which may lead to the embarrassing situation that the money can't come back.