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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32256
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I'm in a partnership Ltd and my business partner and i

Customer Question

Hi, i'm in a partnership Ltd and my business partner and i intend on pursuing litigation against a developer who has been in breach of contract since around January 22. The value we're challenging is approx 18k of deposit funds we have been trying to get back
JA: Where are you? It matters because laws vary by location.
Customer: Birmingham, United Kingdom. Property in question is Redditch
JA: What steps have you taken so far?
Customer: We've been having a back and forth with the sellers (developer) solicitor via our current solicitor. The sellers solicitor had initially promised a full refund and then at the point of taking that forward in terminating the contract, they changed their offer to a part refund. We understand that the seller is in breach of contract and our current solicitor has not been very helpful
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that i can think of
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 16 days ago.

I'm sorry to read of the above. How may I assist in relation to the above? I note from what you say, you are in a dispute with a developer

Customer: replied 16 days ago.
Hi Joshua, I'm trying to determine with my Business partner how best to move forward to get our deposit funds back from a property developer. The value is around 18k and basically, we understand from our current solicitor that the developer is in breach of contract. The long-stop date for completion was around January 22.
Expert:  Joshua replied 16 days ago.

thank you. May I confirm if you're solicitor has served a notice to complete upon the developer?

Customer: replied 16 days ago.
We understand that our only option is to pursue litigation. Prior to January 22 and in recognising likely breach of long-stop date. The developer offered to give us a full refund if we wanted to get out of the contract. In formalising this the developer changed their offer (part refund immediately, with the rest upon completion with a new buyer) which we did not accept. So along the way our solicitor did i believe serve notice and has confirmed to us that our contract has been terminated
Expert:  Joshua replied 16 days ago.

thank you. Providing your solicitor has served a notice to complete and the developer has not met the notice period given in that notice to complete which I think will be the case what you say, then as you say, you can hold the developer in breach of contract in this respect.

In  terms of the deposit, your solicitor should have checked that there was a new homes warranty in place before paying the deposit as I'm sure they did and this being the case, the warranty should provide cover in relation to the deposit in the event of insolvency on the part of the developer.

Whilst the developer is not insolvent of course this is not an issue and it would be a question of bringing proceedings against the developer in the first instance to recover your deposit on grounds of breach of contract together with interest and court fees.

In the first instance, you would need to send a letter before action warning of court proceedings if the matter cannot be resolved between you. If you wish you can use a service such as the following to assist you in creating such a letter:

https://www.lawdepot.co.uk/contracts/demand-letter-uk/?ldcn=lba

from there, you would need to issue proceedings in the County Court. The simplest way to do so is by using the courts online issuing service:

https://www.gov.uk/make-court-claim-for-money

Customer: replied 16 days ago.
Thanks Joshua, this is useful. Is this the kind of thing you could do on our behalf?
Expert:  Joshua replied 16 days ago.

unfortunately, this is a legal information service and as such, does not offer representation I fear  though I am very grateful for the enquiry

Customer: replied 16 days ago.
Ok thanks, i'll liaise with my business partner and get in touch with any other queries.
Expert:  Joshua replied 16 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.