1. Is the earnest money for buying a house a down payment? 1. The earnest money for buying a house is not a down payment for buying a house. According to the Full Text of Judicial Interpretation of the Security Law, if the parties have delivered retention money, guarantee money, deposit, contract money, deposit or deposit, but the nature of the deposit is not agreed, if the parties claim the right of deposit, the people's court will not support it. 2. Whether the earnest money for buying a house can be recovered depends on whether there is any relevant agreement in the "House Sales Contract" signed by buyers and developers. Generally speaking, you can get it back. 3. "Sincere money" is a marketing tool for developers. While collecting "sincere money", it promises certain concessions to buyers and stimulates their enthusiasm; In addition, through the collection of "sincerity gold", the order of buyers' house selection is determined to maintain the order of house purchase. Now a few developers have collected "sincerity money" in advance as one of the means of financing. 4. Sincerity money, that is, intention money, is a name that came from China, Hong Kong and Taiwan in 1990s. This is reflected in the contracts signed by real estate agents and buyers and sellers. In fact, there is no such thing as sincerity money in law, and "sincerity money" is not a penalty, deposit or deposit in the legal sense. Second, do you have to pay a deposit for buying a house? Legally, it is not necessary for buyers to pay a deposit to the developer before signing a commercial housing sales contract. Buyers can directly sign a commercial housing sales contract with the developer. When buying a commercial house, it is best to understand the project clearly, and then sign a sales contract directly with the developer. In this way, if the supplementary agreement cannot be reached in the signing negotiation, or new problems that are unfavorable to you are found, you can all get away with it, so you don't have to worry about solving the deposit problem, and you can avoid the possible deposit loss. Pay attention to the following items when paying the deposit: 1, and the deposit cannot exceed 20% of the house price. 2. If you buy an auction house, the developer should show you a pre-sale permit. If you buy an existing house, the developer should show you a large production certificate, a residential use certificate and a commercial housing quality guarantee. 3. Your house payment is paid directly to the developer. If you feel that you want to leave a trace to pave the way for future disputes, ask the developer for a bank account, transfer it directly to the developer's account, keep a stub for yourself, and indicate in the remarks who bought the house payment of which house. 4. According to the current policy, only those who don't have Chinese national identity cards (including military officers' cards) should be notarized, such as those who hold passports, home visits and mainland travel permits. 5. The house payment is generally paid to the developer before the house is handed over, and the developer will only hand over the house to you after receiving all the house payment and having the corresponding procedures. If the developer insists on collecting the deposit, it is better for the buyers to know what to pay attention to and how much to pay for the deposit in order to avoid disputes. If you don't understand these questions, you may wish to ask a professional real estate lawyer or ask a lawyer to accompany you to buy a house.
Legal objectivity:
Civil code
Article 586
The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is 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.