第一篇:三十九级阶梯 读后感(英文版)
Impressions of Book of The Thirty-nine Steps As we all know, the Thirty-nine Steps is the most famous novel of John Buchan, and typical suspense novel in the literary history.What's more, it's one of 100 typical suspense novels chosen by the Institute of American Reasoning Writers, ranking 22 in the list.Also, it's in the list of 1000 must-read novels before death chosen by The Guardian.Actually, John Buchan is one of Hitchcock's most favourite writers.On the first looking into the Thirty-nine Steps, he said,“I reckon it could be turned into a great film from the first time I read John Buchan's the Thirty-nine Steps.” However, I'm merely familiar with its book title.At the first sight, I'm curious about what “the Thirty-nine Steps” means, where it is and where it goes.It's a very interesting title.These words first appear in Chapter 4, “'(Thirty-nine steps)' was the phrase;and at its last time of use it ran—'(Thirty-nine steps, I counted them—high tide 10:17 p.m.)'.” According to my calculation, “the thirty-nine steps” appear 9 times in total.Most part come out in Chapter 9, which focuses on how the hero, Richard Hannay figured out the code “the thirty-nine steps”.Obviously, it's a clue, which Scudder left to his fellows to find out the secret place of Black Stone where they hung out, where they were going to leave Britain, though he kept the name to himself.Therefore how to find out the code is of great importance to achieve the final success.Speak of the hero, Richard Hannay is the one who wants to adventure and has a head for things like chess and puzzles.In fact, he did a bit at it himself once as intelligence officer at Delagoa Bay during the Boer War.He is a mining engineer back to London from South Africa.But I have been wondering why the writer didn't tell his job until Hannay met Sir Harry.Apparently, Hannay was so fed up with the life in London before Scudder came to him, and he was just about to settled to clear out and get back to the African grasslands.So when Scudder came up to him for help, he didn't refuse immediately.At first, Hannay was more interested in his own adventures than in his high politics.After Scudder was killed, he turned into a quick-witted man to carry on Scudder's work.Hannay began showing his insight from the moment.At that night, Hannay arrived home and found Scudder stuck to the floor by a long
knife.He felt very sick and was succeeded by a fit of the horrors.Under such a condition, he could calm down and eventually think things out in the next a few hours.At this point, it's easy to show his intellect and capacity of handling with tough situations in this difficult trap.He kept his head and arranged his schedule in the next three weeks.It proves that Hannay is a very strong person in mind and hardly shaken in belief.In order to get rid of those two sets of people would be looking for him—Black Stone, Scudder's enemies to put him out of existence, and the police, who would want him for Scudder's murder, he should keep hiding before he could venture to approach the powers that be.As a result, he pretended as a milkman, a Scotsman, a Colonial and free trader, a roadman and a man called Ainslie(maybe a thief).Although his get-ups are not perfect, he has a wonderful way to make it.That is a saying that an old scout in Rhodesia once told him that the secret of playing a part was to think yourself into it.He said,“If you are playing a part, ou should never keep it up unless you could manage to convince yourself that you were it.” It haunted Hannay from time to time and really helped him a lot.When he acted as a roadman, he shut off all other thoughts and switched them onto the roadmending with this saying in mind.And his get-up was good enough for the dreaded Surveyor and the Black Stone.Another scene is when Hannay kept watch on the house called Trafalgar Lodge at the head of the thirty-nine steps and his owner of course.It gave a strong point to convince himself with his judgement.Though Mr.Buchan describes Hannay as a quick-minded, intelligent and kind-hearted man who is eager to take risks, he doesn't embody him to be such a perfect man.Actually, Hannay also made some mistakes but they were turned out to be good things.For example, in Chapter 3 he did play tricks on those two sets of people successfully but he changed the plan to steal the car of the Black Stone.As a result, the big green car became the safest clue to him whether he left it and took to his feet or not.As he tried to get to the leafy cover of the valley in order not to on a bare road he was at the airplane's mercy, he ran slap into the hedge preventing a crash with a coming car.Thus he met Sir Harry, a local Liberal Candidate, who gave Hannay a hand when in a mess.Furthermore, Sir Harry introduced Hannay to his godfather, Sir Walter Bullivant, the Permanent Secretary at the Foreign Office, after Hannay took him into his confidence.Consequently, Hannay could get in touch with
the Government people before the conspiracy happened.It's no doubt that Hannay made a wrong decision on the run.However, it seems that goddess was always on his side.Probably because all people believe in that the evil will not triumph over the virtuous.Of course, Hannay could not be able to succeed in accomplishing his work without the help of those kind-hearted people—a couple of a herd's cottage, an innkeeper, Sir Harry and the roadman Alexander Turnbull.For the sake of being far ahead of any pursuit, Hannay kept going for some hours since he had tasted food when he came to the herd's cottage, set in a corner beside a waterfall.The couple welcomed him for a night's lodging and offered a large meal but refused any payment.As for Sir Harry, I have just mentioned it above.Hannay ran into the innkeeper on a bridge of the plateau and pitched him a lovely story which completely fitted in with this adventure of literary innkeeper's appetite.Hence the innkeeper provided Hannay with anything he could.With his help, Hannay had enough time to do his search for the code in Scudder's notebook and eventually found out that the whole story was in the notes,which was not the same as what Scudder told him.Meanwhile Hannay moved with those two sets of people through the innkeeper.I think the innkeeper absolutely played a key role in the story.He earned some time for Hannay to rest and got his ideas into shape.It laid a good foundation for the battle of wits and courage with the Black Stone.On his way to the shepherds after saying goodbye to Sir Harry, Hannay found the roadman in a tiny bit of road, beside a heap of stones.Hannay made believe that he was the roadman to take on his job for a bit instead of Turnbull.In this way, Hannay got rid of the Black Stone.However, Hannay exchanged his coat and collar with Turnbull's, including the most important thing—Scudder's notebook.Unluckily, Hannay was subject to the boss of the Black Stone—an old man “could blink his eyes like a hawk”.With great difficulties, Hannay escaped from the enemy's headquarters.And when Hannay came back to Turnbull, he was in for a bit of Malaria and could not frame a coherent answer.Actually, Turnbull could neglect Hannay and occupy his things, even take him to the police.But he didn't.To my surprise, he carefully took care of Hannay and never bothered him with a question.And he never even sought his name and gave back all Hannay's stuff.More surprisingly, he grew positively rude and shy and red when Hannay pressed him to accept five pounds for his lodging.“He was a true friend in need, that old roadman.” It's how Hannay thinks of the
roadman Alexander Turnbull.Although these people all did Hannay a favor when he was in a mess, it's my belief that he liked and trusted Turnbull most.In his opinion, the couple is kind;the innkeeper is young, but he was the man for Hannay's money;Sir Harry is a good fellow, and Hannay is frank in turn as well;as for the roadman, “There never was a more independent being.” Another indispensable character is the boss of Black Stone—an old man with a young voice and eyes that blinked like a hawk.As a matter of fact, throughout the story he went only out twice.“His face was round and shiny, like Mr.Pickwick's, big glasses were stuck on the end of his nose, and the top of his head was as bright and bare as a glass bottle.” His debut is so remarkable as a bald archeologist and there is something about the eye of him, so keen and knowledgeable, that Hannay could not find a word, just simply staring at him and stuttering when he faced with the old man.Even like Scudder, such a sharp, restless and brave person, who was mortally anxious about winning through with his job but didn't care a rush for his life, “he described very particularly somebody that he never referred to without shiver” when he put Hannay wise about the conspiracy.On the point, I pick out that the old man is the one big brain in the whole story, and he could not hardly correctly size up a man.Apart from his wits and insights, he is quite good at disguises as well.Perhaps his get-ups are better than any other.The second time he came onto the story was as an old gentleman named Appleton—a retired stockbroker, owing the house called Trafalgar Lodge at the head of the thirty-nine steps.When Hannay kept a lookout over the house, he wasn't feeling very confident.“The man might be the bald archeologist of that horrible highland farm, or he might not.He was exactly the kind of satisfied old bird you will find in every suburb and every holiday place.If you wanted a type of the perfectly harmless person you would probably pitch on that.” “I rubbed my eyes and asked myself if I was not the most foolish man on earth.Mystery and darkness had hung about the men who hunted me over the Scotch highlands in airplane and motorcar, and especially about that damned old man.” “They all went into the house, and left me feeling a precious idiot.I had been barking up the wrong tree this time.These men might be acting;but if they were, where was their audience? 4
They didn't know I was sitting thirty yards off in the bushes.It was simply impossible to believe that these three fellows were anything but what the seemed—three ordinary, game-playing, wealthy Englishmen, boring, if you like, but completely innocent.” From Hannay's words, these showed up his successful get-up.Or maybe he is always easy and well-prepared for the things coming.Barring absolute certainties like fingerprints, mere physical traits were very little use for identification if the hiding man really knew his business.The only thing that mattered was “atmosphere”.If a man could get into perfectly different surroundings from those in which he had been first observed, and—this is the important part—really play up to these surroundings and behave as if he had never been out of them, he would puzzle the clevest detectives on earth.I suppose that it might be the big secret of all the famous criminals.Despite the fact that he is intelligent and possesses his soul all the time, there are a scene that he didn't convince himself as usual.That is, Hannay walked straight into his headquarters unconsciously due to the police's tracking.He was very sure that Hannay was the man he wanted to vanish forever at the beginning, even though he had never seen him before.But as the reflection darted across his mind Hannay saw a slender chance.Hannay tried his best to be a thief named Ainslie.After sounding Hannay several times, he was badly puzzled.He put Hannay in the storage room and he himself went outside to look for the confirmation.Apparently, he is cautious and exact in everything.Nevertheless, there's another side of him.At the end of the story, Hannay and he were facing out, both trying to win the last game.Hannay prevented the three men from going to town, and the old man fought Hannay so as to let his partner leave.At that time, he was looking at Hannay with blazing eyes.“'He is safe,' he cried.'You cannot follow in time...He is gone...He has triumphed...The Black Stone has triumphed.' There was more in those eyes than any common triumph.They had blinked like a bird of prey, and now the flamed with a hawk's pride.A white fanatic heat burned in them, and I realized for the first time the terrible thing I had been up against.” And then Hannay kept the old man with the chains placed on his wrists.As to the old man, he didn't care about himself.He's more concerned about the Black Stone's victory.Certainly this old man is more than a spy;in his foul way he
had been a patriot.As known to all, the consequence of suspense novels has never let readers down.As a result, Hannay and his fellows crushed the plot and made everything in their hands.Hannay joined the New Army and, owing to his Matabele experience, got a captain's commission straight off.Throughout the whole story, honestly I prostrate myself before John Buchan's skill at characterization.With obvious drama and no climax in every chapter or whatever, the author simply describes the characters in such a smooth way.Moreover, he is dedicated to the portrayal of a person with regard to distinguishing psychological or physical features.
第二篇:日本电影《刑法三十九条》读后感
《刑法第三十九条》观后感
心神丧失人的行为,不罚。心神耗弱人的行为,得减轻其刑。这是日本电影《刑法第三十九条》里的第一句话;而这部电影的故事讲的便是一个人假装精神病以逃脱法律制裁来表达其对39条刑法的质疑和证明法律的漏洞所在。
一部用来保护人权的法律会不会倒头来侵害其他人的人权;当我们用刑法保护了精神病人的人权时,谁来保护那些被精神病人误伤的人的人权?如果一个国家的刑法不能为这个社会提供有力的安全保障,人为的将某种人的行为排除在刑法视野之外,怎能说这种刑法是科学的呢?为什么会出现本部电影里主人公长达多年的准备策划和学习模仿精神病人,就是因为法律在面对那些被精神病人伤害或杀害的人时,只是简单的以一份精神病人鉴定书来得出犯罪人无罪的结论,本部电影中更是以仅仅六个月的治疗时间便释放了杀害主人公妹妹的精神病人让其过正常人的生活。这样的事情无论是发生在哪一个被害者的家庭,恐怕都会不愿意善罢甘休的吧。同样的,在电影《一级恐惧》里,犯罪人也是借助精神病来装无辜,以逃过刑罚;精神病是唯一一个无法用科学的医学来证明的病例。尽管法律上现在大部分认为患精神病者犯案是不该被判刑而应该送专门病院医治的,但是那些罪过到底该由谁来承担呢?尽管在一个人体的两个或多个人格还是灵魂中,或许仅仅有一个是有罪的,但是这并不是这个人可以躲过法律惩罚的理由,总该有一个人来承担责任。如果总是会出现正常人假装精神病人来逃脱刑罚,那么到了那一天又该如何制定相应的法律制度呢?
但是事实上,现在世界上大部分国家都是会保护精神病人的,法律保护人和人权,法律保护人与人之间的平等权,而精神病人本身就是疾病的受害者,那些在法律规定中不用负刑事责任的行为都是有明文规定在发病时、不能辨认或者不能控制自己行为时所为的,如果法律以正常人的角度来直接定罪的话,对无意识犯罪的精神病人来说,是很不公平的。
在我们国家,刑法第十八条有明文规定:精神病人在不能辨认或者不能控制自己行为的时候造成危害结果,经法定程序确认的,不负刑事责任,但是应责令他的家属或者监护人严加看管和医疗;在必要的时候,由政府强制医疗。正确适用该条规定应具备三个条件,缺一不可,首先是经法定程序鉴定确认,第二,精神病人犯罪时必须是正处于发病时,第三,完全丧失辨认或者自控行为能力的精神病人犯罪。第二款规定:间歇性精神病人在精神正常的时候犯罪应当负刑事责任。第三款规定:尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的,应当负刑事责任,但是可以从轻或者减轻处罚。此处是“可以”而不是“应当”,意味着可以从轻或减轻处罚是应具备前提条件的。司法实践中,应结合参照刑法
第61条的规定:“应当根据犯罪事实、犯罪的性质、情节和对于社会的危害程度,结合本法的有关规定判定。”人民法院才能决定是否从轻还是减轻处罚。我国有这样制定的基础就是,按我国刑法,犯罪的构成要件之一就是行为人有责任能力,因此,如果行为人有精神病,则无责任能力,也就不构成犯罪了。从法律角度以及从人权角度出发,刑法的规定是没有问题的,这也是对精神病人的一种保护。而且法律中有明文规定是在犯病期间才会不用负刑事责任。但是,第一,是不是精神鉴定就一定是准确可靠的呢,会不会有人利用这个来寻求保护或是包庇犯罪嫌疑人。第二,对精神病人“在必要的时候,由政府强制医疗”的规定过于原则,缺乏可操作性,在实践中是有一系列问题的。第三,对于间歇性精神病人,在司法实践中难以把握的是对间歇性精神病人发病时犯罪的处罚,应适用完全丧失辨
认或自控行为能力的精神病人犯罪还是适用部分桑豪斯辨认或自控行为能力精神病人犯罪的刑法处罚条款,刑法总则并未明文规定,目前也尚无具体司法解释。第四,对于尚未完全丧失辨认或者控制自己行为能力的精神病人犯罪的,处罚时对于犯罪人的丧失辨认或自控行为能力的程度大小是难以把握的。这些都是目前需要研究解决的问题。
个人以为,对于精神病人犯罪,应该有着明确肯定的刑法规定,毕竟犯罪的精神病人即证明其对社会秩序和他人人身是有着一定的危害性的。除不能辨认或者不能控制自己行为时造成危害结果并有法定程序鉴定确认的,可以不负刑事责任以外,其他的均应该负刑事责任。但是,在这里,应该对那些不负刑事责任的精神病者有着严格的规定,即有严格保障的看管和医疗;另外就是对受害者及其家庭应给与足够的补偿,尽最大程度的努力来保障不再使精神病者有出外害人的事件出现。我国法律对于精神病人的第十八条的规定是合理的,但是应注意司法实践中的诸多细节问题,给精神病人和受害者足够的法律保护。
第三篇:《精英的阶梯》读后感(本站推荐)
《精英的阶梯》读后感
《精英的阶梯》是美国波士顿萨福克大学历史系助理教授薛涌出版的关于对美国教育考察的一本书。
全书分为六部分。一是变迁中的美国教育;二是近观哈佛;三是在在美国养孩子;四是体育与精英教育;五是美国的教育与社会;六是从美国看中国教育。
以下几点是影响我比较深的:
首先,作者说,当领袖,是要把握大方向,更需要务虚。
务虚的学生,利用大学时期发现自己,认识世界,反省人类最重要的价值,懂得如何去探求、创造。
人文教育教你如何思考、如何分析、如何阅读、如何进行有说服力的论述。专注于大的理念,就不被一些琐碎的细节所支配。
这些也是商业活动中需要的。在商业活动中,每天的信息瞬息万变,懂得如何尊重他人,如何用语言与人建立良好的沟通关系,如何了解客户的所需,如何提出有创造性价值的方案,这些都是人文教育所教会的。
公司需要专业技术人员,但更需要能综合思考不同问题并提出具体解决方案的人,所以公司首脑更喜欢人文学科出身的人。由此可见,人文学科培养的分析深度、创造力,比商学院教的东西更可靠。其次,美国的精英教育通过体育培养的人格,是统治者的人格。美国人让孩子打球,是教育孩子如何融入群体,通过自己对群体的贡
献和牺牲来赢得尊重。这样培养的是领袖才能,和同伴的纽带、对集体的忠诚、对对手的尊重、公平竞争、维护荣誉和基本道德品性。美国人教育培养出来的是领袖,而我们亚裔培养出来的是高级的被统治者——技术人员。亚裔孩子整天关在屋子里埋头学习,在别人眼里是很自私的,因为他们脱离群体,只顾自己的功名成绩,不关心政治时事,虽然成绩优异,但是缺乏创造力,缺乏与人沟通技巧,更缺乏体育所培养出来的合作、牺牲、为集体奉献的精神。亚裔总是给人对政治冷漠,对社会责任淡薄的态度。所以在政治上表现不佳。
再者,美国的精英教育是用体育来培养精英,这来源于古希腊的教育观念。
古希腊人认为,刻苦的体育训练,可以培养公民坚忍不拔的品格和忍受巨大痛苦的能力,同时也锻造了强健的身体。
美国大学一贯重视体育运动,尤其是美国橄榄球。
美国的总统、政治评论员都评球,常常从政治说到球,又从球说到政治,你要想懂得生活的基本原则,最简单的途径就是打球。比如,怎么与同伴合作,怎么对付对手,怎么对待失败,怎么在挫折和逆境中奋起,无论是输赢都不能丧失的集体荣誉感等等,这些在球场上都可以学会。甚至连商业大款都爱风险体育运动。如果你不运动,就难以有共同语言与人交流。
还有作者提到了美国人从小把孩子推到现实生活中锻炼。一是自己打工,一是做义工。前者培养孩子对自己的责任,后者培养孩子对社会的责任。即使是中高产阶级的孩子也要打工挣零花钱,这无形中形成了孩子的价值观,培养了孩子从小独立的习惯。让孩子懂得创业的艰辛,怎样在竞争中获胜。“事业”开始早,当然在竞争中就先声夺人。从小打工也让孩子懂得为社会做贡献,知道社会的需要什么,才懂得以后创造什么。大学毕业后就能明确自己的位置,不会有“怀才不遇”的心态,不会高不成低不就。美国的精英就是这样培养的。最后,作者在“你能富吗?”这一章节中提到:“没有任何东西能够比‘美国梦’更能界定美国:不管出身多么卑微,只要努力、诚实、节俭,任何人都能够出任投地,获得权力及影响,甚至成为美国总统。”这表明了美国人有着正确的价值观,他们相信真理与智慧,从小通过自己努力创造、为社会做贡献来获得财富。这样的人,才能领导世界,把世界变得更美好。
第四篇:《成长的阶梯》读后感
《成长的阶梯》读后感
《成长的阶梯》读后感
《成长的阶梯》的作者是胡谊,是研究心理学的。他很有气魄,把一个教师成为专家教师所遇的所有问题一网打尽。最闪光的地方,还是他从心理学的角度去解读学生、教师以及师生的关系,并因此延伸出很多科学的方法和技巧。人的心理是世界上最复杂最难以把握的,所以教育人是世界最困难的事。可是总有教育理论家唱高调为难老师。本书却显得格外宽容:教师不是神仙,学生不是太子。他承认教师能力的有限,也坦诚说有些学生实在是令人“厌恶”。
因为深入研究了学生的心理,就提高课堂效率,本书就有许多经济适用的
方法。一般认为课堂效率和老师是否精心设计有很大关系,但很少人关注使用心理学的知识来提高效率。轻松、欢悦而有效率的课堂,有时还真需要书中的小手段:图画、声音、语速、眼神的改变,手势、表情、站姿、与学生距离的改变,这些都对学生的心理有很微妙的影响。再有,用眼光扫视全班,引起注意,把手放在学生的肩上,来满足学生爱与尊重的需要。方法很多,不少经验丰富的老师常用,对我而言,还是很新鲜的,以后一定要自觉使用。试想,精心的设计再加上巧妙的心理战术,何愁一堂课不像一叶轻舟那样欢快自如呢?就和学生沟通而言,沟通是一门艺术而不是技术。常用的方法是“萝卜加大棒”。萝卜的吃法很有讲究,一定要遵循“及时,准备,真诚”的原则,大棒的施法也要遵循“一致,因人而异,一事一议”原则。再如你与一个令你讨厌的犯了错误死不认账的学生,可以面带微笑,暗示一切都在你的掌控中。这些小方法虽不
起眼,但“拔出脓来就是好膏药”,本书类似的灵丹妙法俯拾皆是。
因为对教师的心理作了深入全面的研究,相信很多人看了心里会有一丝温暖。书中详细地分析了教师压力产生的原因和对策,尤其是谈到的许多降压的妙招,真是一剂剂良药。
让人心里觉得熨帖的还有本书对师生关系的认识也很宽容。它认为一个教师管理学生,民主型、自由型、权威型、理智型,各有千秋。因为各种心理性格的学生所需求的教师不一样。它还认为学生的认知有“场独立”和“场依存”的不同,对教师授课风格要求亦有差异。所以,再优秀的教师也有不喜爱自己的学生存在,老师不必苛求自己,追求所谓的完美。
总之,《成长的阶梯》是一本很适用的心理学着作,教师应多使用心理学知识教育管理学生并保护自己的身心健康。“成长的阶梯”设喻比较形象,但给人感觉爬梯子的人很淘神费力的,姿态
也不从容。想这样比方:教育是一条痛苦并快乐的河流,不见其发端,不见其终极,但在这条河流上泛舟的人,应该学会欣赏岸边的花草,享受和风,多一份轻松、自适。
第五篇:英文资料级翻译
Buyers always ask how much of an earnest money deposit is required.Typically, there is no set requirement.In California, contracts must contain consideration to be valid, but that amount can be as little as one dollar.Laws in your state may be different.Bear in mind, however, that the amount of your earnest money deposit depends primarily on your marketplace and local custom.What is an Earnest Money Deposit?
It's a good faith deposit but not to be confused with a down payment.When buyers execute a purchase contract, the contract specifies how much money the buyer is initially putting up to secure the contract, to show “good faith,” and how much money all together will be deposited as a down payment.The balance is generally financed as a mortgage or a combination of mortgages.An earnest money deposit says to the seller: “Yes, I am serious enough about buying your house that I'm willing to put my money where my mouth is.”
So, How Much is Enough?
Because there is no set amount, it varies from market to market and across the country.Where I work in California, deposits are generally 1 to 3 percent of the sales price.Buyers here do not often put down more than 3% since most sign a liquidated damages clause that limits the seller to 3% of the purchase price as damages in the event of a default.But it's not unusual for a buyer purchasing a $300,000 home to put down $1,000, especially if the buyer is obtaining 100% financing.In those scenarios, the deposit is most often refunded to the buyer and subsequently used as a credit toward closing costs because the financing makes up the entire purchase price.If it's a seller's market, with many buyers fighting over limited inventory, it makes logical sense for the buyer to put down a much larger earnest money deposit to entice the seller to accept the offer.In buyer's markets, a larger earnest money deposit might entice a seller to accept a much lower purchase price.So you see, it all depends.Be Careful to Whom You Give Your Earnest Money Deposit
A reader from New Brunswick, Canada, Sylvie Schriver, claims she lost her $2,500 earnest money deposit by handing it over to an individual who professed to be a real estate broker.She says the broker stole a brokerage's logo and business supplies to make it appear that he was legitimate;however, he vanished when Sylvie called to ask questions about her mortgage.When she reported the crook to the police, she then discovered that others had filed complaints.Sadly, at that point, Sylvie's money was gone. Never give an earnest money deposit to the seller.Make the deposit payable to a reputable third party such as a well known real estate brokerage, legal firm, escrow company or title company. Verify that the third party will deposit the funds into a separately maintained trust account. Obtain a receipt. It is not advisable to authorize a release of your earnest money(or a pass-through)until your transaction closes.
Is Your Earnest Money Deposit Refundable Upon Cancellation?
First, read your contract.Laws vary from state to state.In California, standard
C.A.R.purchase contracts allow for the return of the earnest money deposit to the buyer within a specified time period, by default 17 days, should the buyer elect to cancel the transaction.If, at that point, the seller refused to return the deposit without cause, the seller could end up paying a $1,000 civil penalty to the buyer.Upon cancellation, the sellers and buyers are asked to sign mutual release instructions.If an agreement cannot be reached, the party holding the earnest money deposit will continue to hold it until an agreement is reached.If no agreement has been reached after a few years, escrow companies then send the parties a certified letter asking for mutual instructions.The letter says if nobody responds within a certain time period, then escrow will return the money to the buyer.If the seller contests the action then, after 3 years, escrow will send the money to the state of California, presumably to help balance our budget deficit.In a thesaurus, a synonym for earnest is sincere.When purchasing real property, the buyer offers a sum of deposited money to be held to indicate their sincerity and intent to go through with the purchase process.The amount offered usually correlates somewhat with the purchase price of the real property, however this can vary by locality and custom.The amount of earnest money is also normally a negotiable item.The seller does not have to accept the initial amount offered by the prospective buyer.Sellers can require an increase in earnest money deposited for various reasons:
Buyer has requested extended period to closing Buyer is offering zero or very low down payment Seller has increased interest or other offers on the property Buyer just offered too little money in the first place
In some cases, sellers may set a minimum earnest money amount in the listing advertisement.New homebuilders may also have certain minimum up-front deposit requirements.Most states have very strict rules regarding the handling of, and accounting for, earnest money deposits.The money is usually held in an escrow company account,title company account, buyers' broker trust account, or sellers' broker trust account.It is always the buyer's money in a transaction that goes through to closing.On the settlement statement it is used to offset the buyers' costs in the transaction.The disposition of earnest money in a dispute and failed transaction is also spelled out in state law and real estate regulations.In many real estate contracts the buyer and seller agree to mediate before going to court and taking further legal action.Mediation usually results in agreement by the parties as to how to distribute earnest money in the failed deal.In many cases just avoiding the cost of mediation will result in an agreement between the parties.In all cases, real estate agents and brokers should place the highest priority on the handling of client funds.Case in Point
A buyer's $1,000 was deposited into escrow two years ago.Unknown to the seller or real estate agent, a week before closing escrow, the buyer decided to buy another property and entered escrow at a different title company.A few days before she was scheduled to close on the first property, the buyer completed her final walk-through and declared there were water stains on the ceiling.There was no evidence of water stains on the ceiling.But that didn't stop the buyer from canceling the escrow.The sellers believe the buyer has forfeited her deposit.The buyer believes it should be returned.Two years later, the money is still sitting in escrow.买家总是问如何一大部分 保证金存款 是必需的。通常情况下,没有设置的要求。在加州,合同必须考虑到有效遏制,但金额可低至一美元。在你的国家法律可能会有所不同。要记住的,但是,你的存款金额保证金,主要取决于对市场和当地的习俗。
什么是定金存款?
这是一个很好的信用保证金支付,但不被混淆了下来。当执行一个买家 购买合同,合同规定多少钱,买主是最初张贴,以确保合同,以示“诚意”,并一起多少钱将存入款项作为定金。结余资金一般是作为抵押权或抵押贷款组合。保证金存款的向卖方说: “是的,我是认真的房子不够买你的,我很愿意把我的钱用在我的嘴。”
那么,怎样才算足够?
因为没有金额时,它从市场到市场的变化和全国各地。凡我在加州的工作,存款一般为1至3销售价格的百分比。买家在这里放下不经常超过3%,因为大部分签署一份违约金条款,卖方赔偿限额为3%的购买价格在一个默认事件。但它不是寻常的30万美元购买一回家放下1,000元,尤其是如果买方是获得100%的融资买家。在这些情况下,存款是最常见的退还给买受人,其后为信贷用于对关闭的融资成本,因为弥补了整个购买价格。
如果它是一个卖方的市场,不少购房者在有限的库存战斗,它使逻辑意义,以便买方放下一个更大的保证金存款,以吸引卖方接受这项提议。在买方市场,一个更大的保证金存款可能诱使卖方接受更低的购买价格。所以你看,这一切都取决于。
要小心那些你给你的定金存款
来自加拿大新不伦瑞克,西尔维施赖弗,读者说她失去交给它交给一个人谁自称是一位房地产经纪人她二千五美元保证金存款。她说,经纪人偷了经纪的标识和商务用品,使之出现,他是合法的,但是,当他消失西尔维打电话来询问她的抵押贷款的问题。当她向警方报告了骗子,然后,她发现,其他人提出的投诉。可悲的是,在这一点上,西尔维的钱不见了。
永不放弃的保证金存入卖方。
使存款支付,如著名的房地产经纪,律师事务所,一家或标题公司以有信誉的第三方。
验证第三方将分别维持存入信托帐户的资金。
取得收据。
这是不可取的授权发布你的保证金(或传递),直到你的交易完成。 是你的定金后取消定金退还?
首先,请阅读您的合同。法有所不同的州。在加州,标准的汽车采购合同允许的定金退还押金在规定时间内给买方,默认情况下17天,买方应选择取消交易。如果在这一点上,卖方拒绝退还押金无故,卖方可能为此付出1000美元的民事罚款给买方。
取消后,卖方和买方都被要求签署相互解除指令。如果协议无法达成,党持有保证金存款将继续持有它,直到达成协议。如果达不成协议已经达成了几年后,托管公司然后发送各方相互认证的请示信。信中说,如果没有人响应在一定时间内,然后将钱还给托管给买方。如果卖方比赛的动作,然后,3年后,代管将派钱给美国加利福尼亚州,可能是为了帮助平衡我们的财政预算赤字。
个别国家的法律法规和房地产管理的定金在房地产交易中使用。在房地产交易涉及应符合其国家的有关,特别是在与一个失败的交易纠纷的定金处理,熟悉所有的规则。
在词库,热切的同义词是真诚的。当购买不动产,买方提供了资金存入将于表明其诚意和意图去与购买过程中,通过总和。通常所提供的金额有点相关的不动产购买价格,但是这可以通过不同地点和习俗。保证金数额的,通常也可转让的项目。卖方不必接受初始金额,准买家提供。卖家可以要求在增加保证金存放各种原因:
买方要求延长期限结束 买方提供零或非常低首付 卖方已增加了对财产的权益或其他优惠 买方刚才提出的在第一时间太少钱
在某些情况下,卖家可能会在上市设置广告的最低保证金金额。新的住宅建筑商可能也有一定的最低预付订金的要求。
大多数国家有非常严格的规则关于处理,以及,保证金存款的核算。这笔钱一般在每年的托管公司帐户,公司帐户所有权,买方经纪人信托帐户,或卖方经纪人信任帐户。它始终是买方的交易中,通过对截止去赚钱。在结算说明它是用来抵消交易的买家的成本。
对保证金的纠纷和失败的交易性格还阐述了国家法律和房地产法规。在许多房地产合同的买方和卖方同意调解,才去法院,并采取进一步的法律行动。调解通常会导致各方就如何分布在失败的交易保证金是一致的。在短短避免了许多案件调解成本将导致双方之间的协议。在所有情况下,房地产经纪人和经纪人应当对客户资金的最优先处理。
案例分析
买家的1,000元存入代管是在两年前。未知向卖方或地产代理,收盘前一个星期代管,买方决定购买另外,进入公司代管的财产在不同的标题。第一个属
性的前几天,她原定的结束,买方完成了她最后的步行通过了天花板上的水渍,并宣布那里。有证据证明不设上限的水渍。但是,这并没有阻止从代管买方取消。卖方认为,买方丧失了她的存款。买方认为,它应该被返回。两年后,钱还是坐在代管。