Can I get my deposit back if I buy the wrong planned land?

XUAN DUY(Hai Duong City)

Reply:

Article 328 of the Civil Code stipulates that a deposit is when the depositor delivers to the depositee a sum of money or precious metals, gemstones or other valuables (deposited property) for a period of time to secure the conclusion or performance of a contract.

The deposit assets will be handled in the following 3 cases:

- When the contract is signed and performed: the deposit is returned to the depositor or deducted to fulfill the payment obligation;

- When the depositor refuses to enter into or perform the contract: the deposit property belongs to the deposit recipient;

- When the deposit recipient refuses to enter into or perform the contract: the depositor must return the deposit and an amount of money equivalent to the value of the deposit, unless otherwise agreed.

Based on these regulations, in case the deposit recipient intentionally provides false information about the planning to deceive the depositor, the deposit contract party has the right to request the court to declare the civil transaction invalid.

Fraud in a civil transaction is an intentional act of one party or a third person aimed at making the other party misunderstand the subject, nature of the object or content of the civil transaction, thus establishing that transaction.

Therefore, if you believe that the deposit recipient has deceived you in the contract, you can file a lawsuit and request the court to declare the deposit contract invalid.

According to Article 131 of the Civil Code, if the deposit contract is declared invalid by the court, the deposit recipient (seller) must return to you the deposit they received and compensate for damages (if you request), but is not subject to a deposit penalty.