How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10423
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

My son paid a reservation fee of £1k on a new flat in a block

Customer Question

My son paid a reservation fee of £1k on a new flat in a block above a supermarket built by local developer. Price agreed for flat and he used property solicitor to take forward - searches indicated problem with planning permission being refused for entrance porch that has been built on pavement. Number of weeks went by waiting for clarification on this from their solicitors - suddenly their solictors wanted exchange in 1 day otherwise back on market - due to various concerns we couldn't agree to this and advised deal off and put back on market. We have been unable to get the reservation fee back as they argue that it was us that withdraw - any way of getting this money back ? Our property solicitor wrote 'tough letter' but no response in 6 weeks.
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.


Hello there,


Thanks for your enquiry.


All Developers ask for a reservation fee of £500-£1,000 and their reservation agreement will normally state that this sum is not refundable in the event that the Purchase does not proceed. (some agreements state that half will be refunded, but I am guessing your Son's agreement does not state this). Therefore, as the matter is not proceeding, they are within their rights to retain this sum, despite the reasoning behind why your Son can not proceed.


Although morally they should refund your Son, legally they do not have to.


If your Son's Solicitor has been unsuccessful at getting them to take the moral stance, there is little you can do, unless your Son wished to complain and make a pain of himself directly to any site office they have on the Development, if indeed there is a site office!


I am sorry this is not the answer you were looking for.


If I have answered your question, I would be grateful if you could leave positive feedback.


Kind Regards


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice