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    • nettie1xoxo
    • By nettie1xoxo 13th Jan 19, 9:09 PM
    • 426Posts
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    nettie1xoxo
    Deposits via solicitors
    • #1
    • 13th Jan 19, 9:09 PM
    Deposits via solicitors 13th Jan 19 at 9:09 PM
    Once we have an offer on a house accepted, having secured a buyer for our house, is it acceptable to agree a small deposit is held by each solicitor/conveyancer to cover some of the cost if either back out and to act as a deterent??
    Thank you to all of you that take the time to put the lovely comps on here
Page 1
    • ThePants999
    • By ThePants999 13th Jan 19, 9:13 PM
    • 1,420 Posts
    • 1,836 Thanks
    ThePants999
    • #2
    • 13th Jan 19, 9:13 PM
    • #2
    • 13th Jan 19, 9:13 PM
    It's not entirely unheard of, but it's very much out of the ordinary. Partly due to the difficulty in determining what's fair in terms of whether the buyer gets their deposit back if the transaction falls through for X, Y, Z reasons.
    • Bossypants
    • By Bossypants 13th Jan 19, 9:20 PM
    • 735 Posts
    • 1,434 Thanks
    Bossypants
    • #3
    • 13th Jan 19, 9:20 PM
    • #3
    • 13th Jan 19, 9:20 PM
    It's technically possible, but a load of unusual administrative hassle which you would all have to pay your solicitors to do, the actual terms of it would probably take as long to agree on, have drafted and signed as the actual transaction, and the fact of you even asking would likely put a lot of people off because it seems like you are being difficult already before you all get started (even though it's actually not an unreasonable idea, just the fact of you wanting something out of the ordinary in an already stressful and time-consuming situation).

    Also what ThePants999 said. So basically yes, you could request this, but I don't think you'd find the benefit outweighs the cost (financial and otherwise).
    • nettie1xoxo
    • By nettie1xoxo 13th Jan 19, 9:23 PM
    • 426 Posts
    • 17,910 Thanks
    nettie1xoxo
    • #4
    • 13th Jan 19, 9:23 PM
    • #4
    • 13th Jan 19, 9:23 PM
    Thank you both for your useful and sensible responses.
    Thank you to all of you that take the time to put the lovely comps on here
    • Thrugelmir
    • By Thrugelmir 13th Jan 19, 9:23 PM
    • 61,590 Posts
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    Thrugelmir
    • #5
    • 13th Jan 19, 9:23 PM
    • #5
    • 13th Jan 19, 9:23 PM
    Deterrent against what precisely? You might be the ones to pull out.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • Slithery
    • By Slithery 13th Jan 19, 9:31 PM
    • 1,131 Posts
    • 1,819 Thanks
    Slithery
    • #6
    • 13th Jan 19, 9:31 PM
    • #6
    • 13th Jan 19, 9:31 PM
    Yes.

    What you're describing is called exchanging contracts and it happens as part of every house purchase in the UK.
    Last edited by Slithery; 14-01-2019 at 12:09 AM.
    • eddddy
    • By eddddy 13th Jan 19, 11:18 PM
    • 7,336 Posts
    • 7,322 Thanks
    eddddy
    • #7
    • 13th Jan 19, 11:18 PM
    • #7
    • 13th Jan 19, 11:18 PM
    Once we have an offer on a house accepted, having secured a buyer for our house, is it acceptable to agree a small deposit is held by each solicitor/conveyancer to cover some of the cost if either back out and to act as a deterent??
    Originally posted by nettie1xoxo
    What you describe is called a 'pre-contract deposit'.

    You can google 'pre-contract deposit' for more info.

    But they're hardly ever used because of the problems that other posters mention.

    The buyer and seller can waste weeks 'arguing' about the terms of a pre-contract deposit, and paying the associated solicitors fees.

    It's often quicker, simpler and cheaper to just to get on with the purchase instead.
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