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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a potential buyer for my house done without the use of

Resolved Question:

I had a potential buyer for my house done without the use of an estate agent ,the buyer had agreed to pay monthly instalments of £1000 until they had obtained full funds for the price of the house the amount paid monthly would be deducted from final sale price, the buyer pulled out of the sale do I have to pay back the money paid .
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Were contracts exchanged or was there any form of contract please?

Customer:

No there were no contracts exchanged, she asked me to sign an agreement that she was the buyer of the house and if either was to pull out of sale it was to be put in writing, this was the only form written by herself. This was only signed by myself not both owners of house. No signed agreement in regards XXXXX XXXXX etc.

Alex Watts :

Did it say anything about the return of any monies paid?

Alex Watts :

How much as the house and what deposit was paid please?

Customer:

No nothing stated about return of any money paid only that the payments would be deducted from final house price when sale was completed so agreed price was £214000 monthly instalments total of £8000 so final price would be £206000.Nothing stating if sale was not completed and how money would be returned.

Alex Watts :

How much was paid - the £8000?

Customer:

Yes £8000 was paid over period of 8 months

Alex Watts :

Ok - in the absence then of anything in the agreement you CAN keep the deposit.

Alex Watts :

If they object you just need to say, I held the property back for 8 months because you wanted it, you have changed your mind, where in the agreement does it say that the deposit is returnable?

Alex Watts :

A deposit usually is just that - unless there is anything else in writing you do not get it back

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your help,I thought this was the case but wanted some legal back up Thank you so much for your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Thank you

Alex Watts :

All the best - please remember to leave feedback before you go

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