1. What's the difference between advance payment and deposit?
Advance payment is a part of the price or labor remuneration paid by the recipient of a product or service to the other party before the other party performs the contract in order to show the sincerity of performing the contract or provide certain funds for the other party to perform the contract. In practice, deposit, advance payment, honesty and credit are all aliases of advance payment. The down payment is also the money paid by one party to the other party in advance, which is similar to the advance payment in this respect. But the deposit is not an advance payment, and the purpose, time, nature and function of payment are different. In the practice of buying and selling commercial housing, it should be recognized.
Second, about the deposit.
(1) The purpose of deposit payment is to ensure the establishment or performance of the contract. In the commercial housing sales contract, it is usually indicated that "the deposit received is RMB ×××" or the purpose of the money, such as "signing a formal contract for both parties on time". The purpose of advance payment is to take the lead in paying a certain amount as the sincerity of performance, or to use the amount as part of the funds needed for performance. So the advance payment is actually part of the contract money, but the deposit is not.
(2) The down payment can be made when the main contract is formally concluded (that is, the contract reservation stage) or after the contract is concluded. Generally speaking, advance payment can only be requested after the contract is formally signed. Before concluding the commercial housing sales contract, if the developer charges the purchaser the prepayment fee, after concluding the contract, the fee collected will be regarded as the house price; Failing to sign a formal contract, the developer shall return the actual fees charged.
(3) The function of the deposit is to ensure the performance of the main contract. Before a sales contract is concluded, both parties are generally obliged to sign a formal contract on time; The deposit after the conclusion of the contract is mainly to urge both parties to enter the substantive performance stage of the contract, that is, the developer delivers the house on time and the purchaser pays the house payment on time; If either party violates this agreement, the penalty of deposit shall be applied. But as far as the advance payment is concerned, when the contract is invalid or there are reasons for breach of contract, the same amount can be refunded; It does not have the nature of punishment, and there will be no problem of losing the advance payment or double returning the advance payment in case of breach of contract.
Legal basis:
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 53 Where a business operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of consumers; And shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.