Đặt cọc mua đất rồi bên bán bùng, có đòi lại tiền cọc được không? (Luật sư Lê Bình Phương phân tích)Paid a Deposit to Buy Land but the Seller Backed Out — Can You Recover the Deposit? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Quick Answer

Yes, you can recover the deposit — and you are entitled to receive twice the amount you deposited. Under the law, if the seller (the deposit-receiving party) refuses to enter into or perform the contract, they must return the deposit plus an additional amount equal to the value of that deposit.

Relevant Legal Provisions

Article 328(2) of the Civil Code 2015 (No. 91/2015/QH13):

“If the depositing party refuses to enter into or perform the contract, the deposited property belongs to the deposit-receiving party; if the deposit-receiving party refuses to enter into or perform the contract, it must return to the depositing party the deposited property and an amount equal to the value of the deposited property, unless otherwise agreed.”

In short: whoever “backs out” bears the loss. A buyer who backs out loses the deposit; a seller who backs out must pay double the deposit.

Analysis and Application

In practice, deposit disputes usually arise when land prices rise sharply after the deposit contract is signed. The seller, seeing more profit in selling to someone else, fails to continue performance.

The buyer should act immediately: demand in writing that the seller return the deposit + the deposit penalty, with confirmation of the date of sending (or send it by post with a signed acknowledgment of receipt). If the seller refuses, sue at the regional People’s Court. The statute of limitations is 2 years under Article 429 of the Civil Code 2015.

Important note: if the deposit contract has a separate clause on a penalty higher or lower than “double,” that agreement applies (Article 328 allows “unless otherwise agreed”). Therefore, reading the contract carefully before signing is a step that cannot be skipped.

Real-World Situation

Mr T. deposited VND 200 million to buy a plot of land in the suburbs. Three months later, the land increased in value, and the seller called to say “I’m not selling anymore, I’ll just return the deposit.” Mr T. has the right to demand that the seller return VND 400 million (VND 200 million deposit + VND 200 million penalty). If the seller refuses, he can sue to have the court compel the seller to pay this entire amount.

Frequently Asked Questions

Does a deposit contract to buy land in handwriting have legal validity?

It is valid if both parties sign voluntarily and the content does not violate the law.

According to lawyer Lê Bình Phương, a deposit contract is not required to be notarised. But to have firm evidence, you should make a clear written document recording the full date of signing, the amount, the real-estate information, and the signatures of both parties.

The seller backs out of the deposit but both parties agree to cancel — what then?

The two parties may agree to refund the deposit at any amount.

According to lawyer Lê Bình Phương, the “double deposit penalty” rule applies only when one party unilaterally refuses — not when both parties agree to terminate the contract.

Related Articles

• When is a land sale contract void and how to protect your rights

• Does buying and selling land by handwritten paper have legal validity under current law

• How to handle disputes over land without a red book under the Land Law 2024

• Land disputes: common types and how to handle them

Conclusion

The deposit is firmly protected by Article 328 of the Civil Code 2015. If the seller backs out, the buyer has the right to recover double the deposit — through negotiation or by suing at the regional People’s Court. Keep the deposit contract and all messages and evidence of communication with the seller to strengthen your position in a dispute.

See also: Who is Lawyer Lê Bình Phương?

Analysis by lawyer Lê Bình Phương