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The law about dispute of commodity house deposit is applicable

From;  Author:Stand originally
As market of our country estate mature with each passing day, estate dispute also appears in great quantities, dispute of the deposit that buy a house is among them one of relatively outstanding issues. In practice, before estate develops business to the room is opened to booking or sell a contract in the commodity that signs emend form with the person that buy a house, often pass sign consign of the subscribe book, intent book, person that book the means such as the contract to ask to buy a house to buy room deposit, the person that buy a house with this tie and the commodity house that its sign emend form are opened to booking or sell a contract, the person that buy a house is after consign deposit, when the building business contract that because a variety of reasons fail to sign emend form with development business,is like, development business often rejects because of this to return the person that still buy a house already the deposit of consign. The author thinks to answer to make concrete analysis according to different situation:

One, generally speaking, the person that buy a house is in sign subscribe book to give when paying deposit, with development business was not reached with respect to the main content of master contract consistent, and after the event is bilateral cannot with respect to master contract main content comes to an agreement, buy room deposit to ought to return the person that still buy a house normally.

Deposit has contract deposit (contract deposit) , wait for each sort into deposit of gold of agreement of deposit of conventional gold, end an agreement, card, break a contact. But assure in top people court before explanation of law administration of justice applies, what our country law sets basically is to point to deposit of break a contact. And assure the effectiveness that law explanation admitted to remove the other type deposit beyond deposit of break a contact, among them the 115th specific provision that is contrary agreement gold. Contract deposit also can be called what conclude and sign to be of master contract from the contract, the characteristic depends on, whether do the happening of its law effectiveness and master contract happen