You are entitled, on these facts, to the full
amount of money back because there is no contract to you to buy the house and
this is merely a deposit.
Under the Law of Property Act 1925, there is no
valid contract and therefore you are entitled to full refund.
However, being entitled to it and getting it are
two different things. If you paid it to the builder and the builder is a
limited company and the limited company goes down the tubes, then you are
hanging out to dry for £32,000.
I assume that your Solicitor had no indication that
you parted with this money.
If they won't pay up, you are simply faced with
issuing legal against the company. You then have to enforce against it
That really is all there is to it. You are in a
very precarious situation if the company has no assets.
A mortgage should never take more than 6 to 8 weeks
to arrange in any event.
Can I help further?
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The thread remains open for us to continue this exchange