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Can you actually estimate your losses over this?
I turned down a potiential sale of my house for £4000 more , im not worried about this i just do not think he should get his £1000 back
And what is your specific query about this matter please?
i typed all that just now? he's taking me to small claims court saying he didnt sign anything etc i wanted to know were i stand legally and how will the court view it if thats possible to say?
sorry very slow typer
ok no problem, let me get my response ready please
I am still here but I do need to type up my advice, it has only been several minutes
ok sorry Ben
No problem, not the fastest typer myself but won't be long
Generally, when a person places a deposit for something they enter into a legally enforceable contract with the other party. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.
Unless the seller subsequently commits a serious breach of contract, or there was a cancellation clause, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit. This is especially true if the deposit was described as non-refundable.
As a private seller, then you will not be subject to stringent consumer laws in terms of keeping a deposit. Still, you should not use the deposit to make a profit when you have not actually suffered any losses or your losses are minimal. However, as long as the deposit is reasonable and serves to compensate you for any losses suffered as a result of the buyer’s breach of contract, you would usually be able to keep it.
In your case the deposit was for £1,000 and the estimated losses were for £4,000 so there is a genuine argument that it has gone towards covering the losses incurred as a result of the other party’s breach.
The issues with their claims about not signing the agreement when in fact you have copies of this won’t help them, it could make them look bad in front of the court and could affect the weight of any other evidence they give. It won’t necessarily decide the claim but can give a bad impression which could affect the overall result.
ok i think i have it all covered ...it seems such a small amount of moneyb to have to go to court to defend ...but he cost me more in the way of stress and missed mortgage payments etc so i want to fight this ..
can you e-mail me what you have wrote ..is that possible please?
you have every right to fight it, but just concentrate on the actual losses, not stress/inconvenience as the court does not cover such losses so you cannot include these as art of the losses
Sadly not as we cannot email customers but you have a few options:
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ok he agreed to buy it for 166K AND I SOLD IT for 163k in the end because of the time etc
yes so the actual losses are £3k, which is what you will be claiming the deposit covers
ok thanks Ben im with it now lol...cant print but i appreciate your time thanks
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