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H2B reservation fee - COVID-19 refund?

Hi guys 

We reserved a Help to Buy property in early March (before the situation had escalated as it did), but we've since been advised by family to reconsider our options. 

We said to the developer we'd like exit the arrangement given the circumstances, and they said no problem but would only return half of the deposit. 

I understand these are the terms, but wondered if any dispensation may apply, given the circumstances? It's not like we WANT to pull out, but we don't feel we have a choice as the fees negotiated for the property no longer align to the projected.

The developer is unwilling to renegotiate. 

Many thanks 

Pro 

Comments

  • MobileSaver
    MobileSaver Posts: 4,376 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's not like we WANT to pull out, but we don't feel we have a choice
    With all due respect, you DO have a choice and it is you WANTING to pull out... I think you are doing well to get half the deposit back.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi guys 

    We reserved a Help to Buy property in early March (before the situation had escalated as it did), but we've since been advised by family to reconsider our options. 

    We said to the developer we'd like exit the arrangement given the circumstances, and they said no problem but would only return half of the deposit. 

    I understand these are the terms, but wondered if any dispensation may apply, given the circumstances? It's not like we WANT to pull out, but we don't feel we have a choice as the fees negotiated for the property no longer align to the projected.

    The developer is unwilling to renegotiate. 

    Many thanks 

    Pro 
    Why is your 'family' crystal ball better than anyone else's at the moment ?
    Not sure what you mean re the bold part - were you hoping to do this to rent out or as a pure money making exercise ? If so it's likely that you've gambled and lost - particularly as by early March there were fairly clear indications of what was to come.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The first thing you should do is find a copy of the contract you signed and read it carefully. Does it allow you to get a refund, and does it have any "get-out" clauses?

    Don't just take the word of the developer's sales person!!!

    If the developer is correct to say that you are only entitled to get a refund of half of the deposit, they are unlikely to be willing to agree a good will gesture given the tough market conditions.
  • kingstreet
    kingstreet Posts: 39,340 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Call the HTB Agent for help as there are circumstances in which reservation fees have to be refunded in full under HTB rules.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    k3lvc said:
    Hi guys 

    We reserved a Help to Buy property in early March (before the situation had escalated as it did), but we've since been advised by family to reconsider our options. 

    We said to the developer we'd like exit the arrangement given the circumstances, and they said no problem but would only return half of the deposit. 

    I understand these are the terms, but wondered if any dispensation may apply, given the circumstances? It's not like we WANT to pull out, but we don't feel we have a choice as the fees negotiated for the property no longer align to the projected.

    The developer is unwilling to renegotiate. 

    Many thanks 

    Pro 
    Why is your 'family' crystal ball better than anyone else's at the moment ?
    Not sure what you mean re the bold part - were you hoping to do this to rent out or as a pure money making exercise ? If so it's likely that you've gambled and lost - particularly as by early March there were fairly clear indications of what was to come.
    Well you're just a bundle of charm aren't you 
  • Hi guys 

    We reserved a Help to Buy property in early March (before the situation had escalated as it did), but we've since been advised by family to reconsider our options. 

    We said to the developer we'd like exit the arrangement given the circumstances, and they said no problem but would only return half of the deposit. 

    I understand these are the terms, but wondered if any dispensation may apply, given the circumstances? It's not like we WANT to pull out, but we don't feel we have a choice as the fees negotiated for the property no longer align to the projected.

    The developer is unwilling to renegotiate. 

    Many thanks 

    Pro 
    You are legally backed by the government when using help to buy. Taylor Wimpey told me this when we cancelled our reservation at the end of March. We got our full reservation fee back.  
  • Chandler85
    Chandler85 Posts: 351 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    The problem is, you do WANT to pull out.  There is no one forcing you pull out.  The COVID-19 situation has made you change your mind.  You are probably assuming house prices will go down so you don't want to buy a new build right now because you don't want that risk.
    So it is your choice to pull out, read your contract there, it seems pointless that they even make people pay reservations fees if you can decide that you don't want to but it any more and get it the money back.
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