Recently, Ms. Wang, a citizen of Liaocheng City, Shandong Province, reported that she had a set of mahogany furniture in a furniture store, paid 5,000 yuan in cash in advance, and then abandoned the purchase for various reasons. When she asked the merchant for a deposit of 5,000 yuan, she encountered a problem. . What the hell is going on?
On November 27 last year, the citizen Wang Jing (pseudonym) saw a set of mahogany furniture in a furniture store near the intersection of Luhua Road and Dongchang Road. After the two parties negotiated a final price of 38,000 yuan, Ms. Wang signed a business with the merchant. A purchase order and a deposit of 5,000 yuan in advance. Later, for various reasons, Ms. Wang told the merchant not to buy this set of furniture, so on November 30, she filed an unsubscribe and asked the merchant to refund the deposit of 5,000 yuan.
However, this request was rejected by the merchant. The merchant believes that there is no quality problem with the goods, and Ms. Wang’s remorse is a unilateral breach of contract, so the deposit will not be refunded. Later, under the coordination of the industrial and commercial departments, the merchant promised to refund 4,000 yuan. However, Ms. Wang’s family believes that 5,000 yuan should be refunded in full.
In response to this case, Li Guiguang, a lawyer at Shandong Haocai Law Firm, believes that there is a basis for merchants not to refund the deposit. The concept of the so-called deposit is a guarantee method of guaranteeing a certain amount of money paid before the contract is concluded or executed. Basically, it will constitute a separate deposit contract, and any party will be subject to a deposit penalty for breach of contract.
According to the Contract Law, after the debtor has performed the debt, the deposit shall be offset or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to request a refund of the deposit; if the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Deposit is a daily term that is not clearly defined in the law. It usually means that one party first delivers a cash to the other party as a guarantee for its performance. The guarantee function is unilateral, that is, it is only applicable to the delivery party and not applicable to the recipient. The binding force of the deposit and how to deal with the deposit shall be agreed by the parties in the contract, but the seller shall refund the deposit in the original amount regardless of which party repents.
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