Legal analysis: 1, there is no limit to the amount of the advance payment;
2, the advance payment is part of the main contract payment, the parties on the agreement on the advance payment, with the promissory nature of the agreement, not to the actual delivery of the effective elements;
3, the advance payment for the price of a part of the advance payment, in the nature of the nature of the still belongs to the liquidation;
4, the advance payment of the no bidirectional or unidirectional guaranteed Effectiveness, the parties do not fulfill the contract and the contract is terminated, the advance payment should be returned. The default liability of the parties through the contract agreed upon other terms, if there is no agreement on the liability for breach of contract, generally not liable for breach of contract.
How much of the advance payment, our contract law does not expressly provide, generally by the purchaser and seller to complete the negotiation. Very often, the purchaser will only pay part of the deposit, common advance payment is generally 30%, more cases may also reach 50%, or even 100% is also there.
Legal basis: "the Chinese people's *** and national code" Article 562 of the parties can cancel the contract by consensus. The parties may agree on the reasons for one party to cancel the contract. When the cause of rescission occurs, the rescuer may rescind the contract.
Article 563 The parties may rescind the contract under any of the following circumstances: (1) when the purpose of the contract cannot be realized due to force majeure; (2) when one of the parties expressly indicates, or indicates by its own conduct, that it will not perform the principal obligation before the expiration of the period of time for performance; (3) when one of the parties delays in the performance of the principal obligation, and fails to perform it after being reminded to do so within a reasonable period of time; (4) when one of the parties One of the parties delays the performance of the debt or has other defaults that make it impossible to realize the purpose of the contract; (e) Other cases stipulated by law. In the case of an indefinite contract consisting of a debt to be performed continuously, the parties may terminate the contract at any time, but they should notify the other party before a reasonable period of time.