Can the car purchase deposit be refunded? How to get it refunded?
2 Answers
Deposit cannot be refunded, this situation belongs to performance deposit. If the performance cannot be fulfilled, the deposit cannot be recovered, and if the performance cannot be fulfilled, the deposit needs to be doubled and returned. The following is more relevant introduction: According to the "Contract Law of the People's Republic of China" stipulates: Article 116, if the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause. Article 117, if the contract cannot be performed due to force majeure, the liability shall be partially or wholly exempted according to the impact of the force majeure, unless otherwise stipulated by law. If force majeure occurs after one party delays performance, the liability cannot be exempted. The force majeure referred to in this Law means objective circumstances that cannot be foreseen, avoided, or overcome.
I have some strong feelings about whether car purchase deposits are refundable. The key lies in the wording of your contract - if it says 'deposit', it's usually considered a prepayment and theoretically refundable. But some 4S dealerships play word games by writing 'earnest money', which is legally different; if you change your mind, they might not refund a penny. My neighbor once regretted paying and spent three days negotiating with the manager, eventually getting back only 80%. Always insist on having refund terms clearly stated in the contract before paying, and ideally record the conversation as evidence. If you need a refund, stay firm but calm - first talk to the salesperson, then escalate to consumer complaints (12315) or social media exposure if needed, as 4S shops nowadays fear negative publicity most.
