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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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The Purchaser of my property down a £3000 deposit, refundable

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The Purchaser of my property laid down a £3000 deposit, refundable only if the valuation of the property came back so low that they could not afford to proceed. As it is a business and the y tried to have it valued as a residence, the valuation came back as zero. They eventually pulled out after 12 weeks of messing around and failed to keep to other parts of the agreement, costing me far more than the £3000. Now I have received a claim form from the small courts. Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
Have they provided you with a copy of the valuation?
Kind regards
AJ
Customer: replied 2 years ago.

No. They had a second valuation done, also as a residence, which came back very low but they have not mentioned this on the "particulars of claim" part of the form. They have not presented a copy of the agreement we had either and I am wondering if they still have it. At the moment, I am just being asked to acknowledge the receipt of the forms and then decide if I dispute it or not. I do dispute it, (especially as iot was not the purchaser's money - it was the mother who paid for, and delivered the deposit to me.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you dispute the claim then you will have to submit a defence.
Alternatively if you believe they have no right to bring the claim because the condition under which the deposit becomes refundable has not been triggered, you could try submitting an application notice form N244 under the Civil Procedure Rules 3.4 and have the claim struck out. This would be on the basis that there are no reasonable grounds for bringing the claim.
You could also try and negotiate a settlement with them.
Did they give you a 7 day warning before issuing court proceedings?
Kind regards
AJ
Customer: replied 2 years ago.

Form N244 - Can I submit this based on the fact that the valuation figure agreed in the contract was for a business? They found my property for sale on www.businessesforsale.com and they tried to have it valued as a residence, twice. The amount they offered clearly shows that they knew it was a business. Regards, Alex

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You could have it struck out on the basis that they have no reasonable grounds for bringing the claim.
Ultimately it seems like they have done this deliberately to get a low valuation?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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