1, down payment, focusing on "limit", is the guarantee of responsibility and obligation. After the responsible person performs the responsibility, the deposit shall be used as the price or recovered. When the party paying the deposit fails to perform the agreed responsibilities, it has no right to demand the return of the deposit; When the party receiving the deposit fails to perform the agreed responsibilities, it shall return the deposit twice. The deposit must be agreed by both parties in writing, and the deposit contract shall take effect from the date of actual payment of the deposit. The amount of deposit is generally agreed by both parties, but the law stipulates that the maximum amount shall not exceed 20% of the value of the subject matter of the contract.

2. The deposit, focusing on "retention", is an expected agreement on the responsibilities and obligations of both parties to the contract. As an advance payment in the transaction structure, the deposit does not have the nature of the deposit, and its binding force is lower than the deposit. If the party paying the deposit claims the right of deposit, the law does not support it, and the amount of deposit should be less than 5‰ of the total contract price. After both parties sign the transaction contract, the deposit shall be returned or offset in time.

3. Deposit, which is a broad concept, can include deposit and deposit in definition. There are also contract deposits, performance bonds for bidding, deposits for futures trading, and even deposits for bail pending trial, all of which belong to deposits.

For example, a bid performance bond is legally equivalent to a contract bond. It mainly plays a legal binding role on bidders and provides reasonable protection for bidders. The tenderer may directly specify the performance bond in the tender documents, and the amount is generally specified as 5- 10% of the target value.

The subscription money is not a necessary process stipulated by law and can be returned.

200 1 June1Paragraph 2 of Article 22 of the Measures for the Administration of Commercial Housing Sales "If the conditions for the sale of commercial housing are met, if the real estate development enterprise charges the buyer a fee of a predetermined nature before concluding the commercial housing sales contract, the fees collected shall be regarded as the house price when concluding the commercial housing sales contract; If the parties fail to conclude a commercial housing sales contract, the real estate development enterprise shall return the fees collected to the buyer; Unless otherwise agreed by the parties, the agreement shall prevail. "

If a legally binding deposit is paid, consumers have no right to recover it once they breach the contract, so the deposit is easy to deliver and difficult to recover, so consumers must be cautious. As for the so-called "subscription money", "intention money" and "deposit", both parties should make an agreement on their nature and whether the agreement can be refunded, and indicate them together in the contract.

Subscription funds are different from deposits. Subscription is not a necessary process stipulated by law, but a customary practice in the field of real estate transactions. It is the advance payment you paid when you and the developer reached a preliminary agreement on the intention of buying and selling houses. It is only agreed that you need to sign a formal contract with the developer within the prescribed time limit, stipulating that the developer shall not resell the house or increase the price within the prescribed time limit, and the subscription fee can be refunded or not.

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