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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have been buying an investment property for my son using

Customer Question

I have been buying an investment property for my son using a sales agent called Aspen Woolf, who act on behalf of the developer. The online advertising for the property persuaded me to part up with a £5000 deposit. Subsequently I received the Agreement/Contract for purchase and the clauses bear no relation to the advertising.
I have stopped the purchase and asked for a refund of my deposit but to no avail. Please could you advise.

I have to go to an appointment now so will be away from my desktop for a couple of hours until about 2pm.

Jon Pye
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What was the 5K deposit for and did the developer say it was non refundable?
Customer: replied 3 years ago.


The £5000 was a reservation deposit (£4000 to be deductible from the purchase price and £1000 as admin. fee to Aspen Woolf)


 


I have a copy of the Offer and Deposit Receipt - clause 3 states ....."that your reservation deposit is non-refundable and non-transferable" and Clause 4 states that "the deposit is fully refundable up until 17.00 on March 17th 2014".


 


The Receipt mentioned above does relate to a particular dwelling Unit - No 6302 - which I had withdrawn from purchasing previously (I decide to buy elsewhere which did not work out so went back). I was then offered a different unit No 5303 in exchange however I did not receive an Offer and Deposit Receipt for that particular unit.


 


Is there any chance of using misrepresentation ? What about Property Misdescriptions Act ?

Expert:  UKSolicitorJA replied 3 years ago.
Property misdescriptions a Act not relevant here.

I am afraid you are rather on weak ground here and in my opinion, a court would not grant you your money back.

May I help further?
Customer: replied 3 years ago.

The fact that the advertised claims are not supported by the contract must bear some weight surely.

Expert:  UKSolicitorJA replied 3 years ago.
You could try and argue that they were in breach of the Misrepresentation Act but you would need to show that you were induced to enter into the contract with them as a result of their misrepresentation.

See here

http://www.legislation.gov.uk/ukpga/1967/7

My advice would be to try and settle the matter amicably, even if you meet them halfway.

Hope this helps