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.
Were contracts exchanged or was there any form of contract please?
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.
Did it say anything about the return of any monies paid?
How much as the house and what deposit was paid please?
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.
How much was paid - the £8000?
Yes £8000 was paid over period of 8 months
Ok - in the absence then of anything in the agreement you CAN keep the deposit.
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?
A deposit usually is just that - unless there is anything else in writing you do not get it back
Can I clarify anything for you about this today please?
Thank you for your help,I thought this was the case but wanted some legal back up Thank you so much for your help.
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