It has been delivered to 500,000 yuan to buy a house, but the house has not been transferred. Can the deposit be doubled?

Do you know the role of deposit? If one of the parties to receive the deposit defaults, can the other party pay the deposit request double the deposit? The reporter was informed today that the Guangzhou Tianhe Court concluded a special real estate transaction case. After the seller's breach of contract caused the contract to not continue to be fulfilled, the buyer claimed that he had doubled the deposit of 1 million yuan, but did not support it. What was the reason?

The delivery of 500,000 fixed money to buy second -hand houses, but the room was auctioned for not selling mortgages

In October 2018, Zhong Mou and Li signed the "House Sale Contract", which stipulated that Zhong Mou purchased a house under Li's name at 3.2 million yuan in transaction price; After receiving the deposit, the loan owed to the mortgage bank was paid to the mortgage.

After the contract was signed, Zhong Mou paid a deposit of 500,000 yuan according to the contract, but Li failed to sell the mortgage according to the contract. He delivered the house to Zhongmou in advance in December 2019. Zhong Mou has always possessed the house involved in the house.

In June 2020, because the house involved was seized and entered the mandatory implementation auction process, Zhong participated in the auction, bid the house at a price of 276,5686 yuan, and paid all the price.

Zhong Mou claimed to the court on the grounds that Li had defaulted and demanded double the deposit.

Zhou Mengyao, judge of the comprehensive trial court of Tianhe Court, said that the contract between the two parties changed the contract with actual behavior and thus achieved the purpose of the contract.

The performance of the contract is a dynamic process. The change of the contract can be written in writing or practical behavior. Once the contract is changed, the content of the rights and obligations of the two parties also changes. It is necessary to re -examine whether the content of the rights and obligations and the performance of the performers meet the applicable conditions of whether the deposit penalty is met.

In this case, Li did not apply for a mortgage in accordance with the agreement of the "House Sale Contract", which caused the transaction target to be seized. The purpose of Zhong Mou's purchase of the house would inevitably fail. However, the two parties did not terminate the contract. Instead, Li Mou delivered the actual behavior of the house and did not pay the auction in advance, and changed the transaction method to Zhongmou to obtain the transaction target through the auction. After the successful bidding, the contract was achieved, and if Li's previous defaulted behavior claimed double compensation, it should not be supported.

In the end, the court ordered Li to return 500,000 yuan to Zhongmou to reject Zhongmou's other lawsuits. The parties have not appealed, and the verdict has come into effect.

Judge's interpretation: What situation cannot be required to refund the deposit?

In the buying and selling transactions of the house, a default behavior of one party caused the contract for the contract, and the breach party performed the main contractual obligation to deliver the house in advance. If the two parties jointly actively actively achieved the contractual purpose, the two parties changed the contract content with actual behavior.

After the contract is changed, if there is no new breach of breach of contract, the contractual purpose will cause the contract to fall again.

It should be noted that there are two applicable conditions for deposit penalties: one is that one party has delayed performance or other breach of contract; the other is that there is still a breach of contract, which causes the contract to be achieved. There is a lack of conditions.

Legal know more D:

Article 587 of the People's Republic of China

[Deposit penalty] If the debtor performs debts, the deposit shall be offset or recovered. The party who pays the deposit does not fulfill the debt or the performance of the debt is not in line with the agreement, so that there is no right to refund the deposit if the contractual purpose cannot be achieved; if the party who accepts the deposit does not fulfill the debt or the performance of the debt does not meet the agreement, it shall double the purpose of the contract, and it shall double the purpose of the contract. Deposit.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Tianhe Fatu/Guangzhou Daily · Xinhuacheng Reporter: Mo Weipun Guangzhou Daily · Xinhua City Editor: Zhang Yu

- END -