Deposit refund?

shropsboy

Hello,

Wondering what advice anyone can give re this query.

I paid 2k deposit in early Aug for a new build property in England. After 5 weeks I was alerted by my solicitor that they had not received the contract from the developers solicitors. I alerted the builder of this and was told it would be there by the end of the week . It never arrived and the same scenario took place the following week. After 7 weeks from paying my deposit I pulled out of the deal as my solicitor was not able to proceed due to non receipt of contract. (The contract eventually reached my solicitor yesterday. 5 days after I pulled out and 7.5 weeks after paying deposit)

On the Memorandum of Sale from the Estate Agent it said the deposit was non refundable. The builder is saying that my solicitor had never contacted theirs to initiate the sale, despite being told twice by myself of the issue. I was not given any reservation document either and have signed nothing.

Am I able to claim my deposit back due to the inactivity from the sellers solicitor? I have wasted 7 weeks of my time and there’s no way I’d be able to complete by early mid October as stated by the builder.

davidmcn

When you say you didn't get a reservation document, are you saying you handed over £2k without getting anything in writing saying what it was meant to be?

shropsboy

davidmcn wrote: »

When you say you didn't get a reservation document, are you saying you handed over £2k without getting anything in writing saying what it was meant to be?

I got an invoice for the deposit stating the plot number, which I paid. That was it.

davidmcn

If you hadn't agreed anything about any particular timescales, and it seems that they are now progressing the legals, I can't see any basis on which you can demand a refund.

When you say "there’s no way I’d be able to complete by early mid October as stated by the builder" do you mean they only want to proceed with you if you complete by mid October? I don't see them selling to anyone else any faster.

shropsboy

davidmcn wrote: »

If you hadn't agreed anything about any particular timescales, and it seems that they are now progressing the legals, I can't see any basis on which you can demand a refund.

When you say "there’s no way I’d be able to complete by early mid October as stated by the builder" do you mean they only want to proceed with you if you complete by mid October? I don't see them selling to anyone else any faster.

They advertised the property saying it was ready in late September. I was then told mid October. After 7 weeks and no contract evident , despite being promised twice it would be sent, how was the timescale of mid Oct achievable? Hence why I pulled out. I’m homeless in a weeks time due to my house completing and have now had to find alternative accommodation.