Recently, Xichang citizen Mr. Hou made a deposit of 3,000 yuan at a car dealership for preparation of a car. He later abandoned the purchase because of an accident. The merchant refused to return the money once the deposit was turned over for reasons that could not be returned. He was repeatedly refused. Mr. Chen has no choice but to complain to the business and industry quality supervision bureau, and finally let his own legitimate rights and interests be safeguarded.
This kind of thing is not uncommon, many people do not want to buy after paying the deposit, they will negotiate with the 4S shop unsubscribe, but here we must pay attention to, in order to sign the contract to see the car, "deposit" and "deposit" though only one word The difference, but the "reserve deposit" generally can be retired, and "deposit" generally can not be returned.
First, the legal nature of the deposit
The deposit refers to the realization of the creditor’s right to guarantee the contract. The parties agree in writing that one of the parties should pay a predetermined amount of money to the other party as a guarantee. For automobiles, if a “deposit†is required to be delivered at the time of the signing of the contract, then the car dealer needs to specify to the consumer the model of the vehicle, the version, the color, the quality of the gifts, and the prepared vehicle-to-store deadlines, such as distribution. If the contractor breaches the contract, the consumer will be compensated for a double deposit; if the consumer is in breach of contract, the dealer has the right not to refund the purchase deposit.
Second, the legal nature of the deposit
The deposit is also a kind of money, but there is no clear law to stipulate the deposit, but the deposit is widely used in daily economic activities. Strictly speaking, the deposit is just a idiom, not a legal concept. It can be interpreted as meaning "good faith money."
In general, the delivery of the deposit should be understood as the delivery of the advance payment. Its purpose is nothing more than to address the shortfall in the cash flow of the party receiving the deposit, thereby enhancing its ability to fulfill its obligations; or to clarify the intention of the buyer and the seller. The most essential difference between the deposit and the deposit is that the deposit does not have the nature of the security of the debt. The party that accepts the deposit is in default and can return the deposit received without double payment.
Therefore, before signing the contract, consumers must carefully review the contents of the contract to prevent contract pitfalls.
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