Is a deposit automatically non-refundable?

Sometimes. A deposit is 'non-refundable' if it's reasonable at the time of the contract was signed. In California law this concept is called 'liquidated damages'. Parties to a written contract can agree in writing what is going to be the 'penalty' for a party to break the agreement.



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In summary, a deposit is security for the buyer's performance of the contract. It is generally not refundable unless the contract expressly states otherwise. In contrast, a part-payment is refundable, subject to any losses that the innocent party may have as a result of the breach.

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Deposited items can be returned for many reasons, such as insufficient or unavailable funds, stop payment, closed account, questionable or missing signature, etc. Funds from items you deposit are made available to you, even if the item you are depositing has not cleared the bank on which it was drawn.

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A Refund Policy is where you state your policy on whether or not you issue refunds, and in what circumstances this may be limited. You can let users know how to go about requesting a refund, what steps they must take to get one, what form the refund will be issued in, and how long the entire process will take.

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