Deposit for Purchase of a House: Can the Buyer Retrieve the Deposit if the Homeowner No Longer Wishes to Sell?

I have put down a deposit for purchasing a house from the homeowner. There are only 2 days left before we finalize the house purchase agreement. However, the homeowner has changed their mind and no longer wants to sell. I am wondering if I can get my deposit back since this issue was not discussed when I handed the deposit to the homeowner. Additionally, am I entitled to compensation from the homeowner? I sincerely thank the Advisory Board very much!Minh Anh - anh*****@gmail.com

According to Clause 2, Article 328 of the Civil Code 2015:

In cases where the contract is concluded and executed, the deposit asset shall be returned to the depositor or deducted to fulfill the payment obligation; if the depositor refuses to conclude or execute the contract, the deposit asset shall belong to the receiving party; if the receiving party refuses to conclude or execute the contract, they must return the deposit asset and an amount equivalent to the value of the deposit asset to the depositor, unless otherwise agreed.

==> Therefore, in your case, since you and the homeowner did not agree on returning the deposit if the contract was not concluded, the provisions of the Civil Code 2015 will apply. As the homeowner, being the party receiving the deposit, did not execute the house sale contract, they must return the deposit amount and an amount equivalent to the value of the deposit asset to you.

We hope our advice helps resolve your concerns.

Wishing you health and success!

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