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New build company remarketed property we are currently purchasing

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We put a £500 deposit down on a new build property back in September through the HTB scheme after selling our property to a "1st time buyer". This 1st time buyer actually had a lot of baggage with loans against a business which delayed him receiving a mortgage offer until before December. Our buyer is also using an in house solicitors through our estate agent which seem to be useless as they failed to do any work on my property besides searches until the mortgage offer was received. Since then contact between the buyers solicitors and my solicitors has been poor to say the least and although my solicitors have provided everything they need and my solicitors telling me there's no reason they can't complete my sale soon, the buyers solicitors have replied to an email from my new build companies solicitors saying there's loads of restrictions on my property and they aren't sure they'll get things done before the HTB completion deadline. This is without talking to my solicitor or estate agent who seem to be in disagreement with this. This has now led to my new build company remarketing the property I'm still expecting to move into. I've only found this out as just seen it relisted today. Are they allowed to do this without giving me my reservation deposit back first? Also, should my buyers solicitor be communicating with the solicitors of the new build as surely they should be going via the solicitors that are dealing with my house sale? 

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 22 January 2021 at 12:27AM
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    Reservation of a new build comes with terms, normally a 28 day exchange period. That's been well exceeded. Reservation deposits are generally non refundable. As the developer wishes to discourage time wasters. 
  • roryuk
    Options
    The reservation fee is protected under help to buy 
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