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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26846
Experience:  Senior Partner at Berkson Wallace
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I exchanged contracts 2.5 years ago, the contract stated no

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I exchanged contracts 2.5 years ago, the contract stated no deposit, I am unable to complete the contract, but do I still have to pay the deposit ? even though the house has increased in price by £300k

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Can you give me all the background to this matter including -

what are you buying/bought?

did you complete on sale? what do you mean states no deposit?

are you living in property?

Customer: replied 16 days ago.
Good morning Stuart, I spoke to one of your lawyers yesterday evening, many thanks

Thank you. I don’t know who you spoke to but it’s not showing on this thread. It’s always a good idea to have a couple of opinions and as I’m here anyway, I might as well let you have mine.

Exchanging contracts is your commitment to purchase the property although if this was a new build, it depends on why it’s taken two years to get ready for completion. You may be able to get out of the contract on the basis that the protracted completion. Is unreasonable and falls foul of the Consumer Rights Act 2015.

Otherwise, you are obliged to pay 10% as compensation unless the contract says otherwise. If the contract doesn’t mention deposit or default deposit, then you don’t have to pay anything.

The house price would normally be specified in the contract in which case it wouldn’t matter whether it was increased in price or not.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Customer: replied 14 days ago.
Hi Stuart, I have had a few emails regarding my question, I can also see a second amount, I’m hoping I haven’t been charged twice for replies
Kind regards *****

I am sorry but I do not work directly for Just Answer, I am an independent solicitor and therefore I don’t have access to your account. Indeed, I couldn’t access that part of the system even if I wanted to.

So I don’t know what you’ve been charged or what you been paid and I cannot help with any billing enquiries.

However you can contact customer services because they are very helpful.

They can be contacted in a variety of ways including telephone, email and chat via the links below or on the telephone number below.

https://www.justanswer.com/help/contact-us

http://ww2.justanswer.com/help

*****@******.***

there is also a telephone number: 0808(###) ###-####/p>

I am certain that Customer Services will be able to resolve things for you.

Kind regards

Stuart

Customer: replied 14 days ago.
No money answers please
Customer: replied 14 days ago.
Sorry, no more answers please

No problem

Customer: replied 10 days ago.
Hi Stuart, I have had a second opinion on your comments, which totally disagrees with what you have said
Kind regards *****

It’s impossible to give you an accurate answer without seeing the contract.

We can only give you a veiled opinion.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

I trust that you told the other lawyer that I disagreed with whatever he has said.

I can only answer you based upon the information in front of me.

The definitive answer will come from the contract and without that, neither he nor I can give you any more than an estimate

Customer: replied 9 days ago.
I understand what you are saying, but the barrister has said that if a deposit was not paid when the contracts were signed, then 10% is payable if completion does not take place, regardless whether the contract stated no deposit or not.

That’s not necessarily true. If the contract is silent on deposit then 10% is payable.

If the contract says that no deposit is payable then that’s a different thing altogether and if it says that no deposit is payable, then it’s not 10% which is payable for breach.

There may still be a claim for breach but not necessarily 10%. It would have to be the actual loss and if there is no actual loss there is nothing to be paid.

Customer: replied 9 days ago.
Hi Stuart, could you give me your email address please, I can the send you the barristers opinion,
Many thanks

I can only do that for you as part of an extra service for which there is an extra fee but you can attach it on here and I will get it. Thank you

Customer: replied 9 days ago.
Sorry I’m not sure how to attach it

The pages which I see are different than yours but lots of people attach documents so it would appear to be relatively straightforward. You may be able to drag the file if you are on a PC or there may be a link at the end of the reply box or you may find an upload arrow somewhere.

I’m sorry that I can’t be of more assistance in that respect.

Customer: replied 9 days ago.
Hi Stuart, I’ve got no objection to paying the extra fee, but how do I get the contract and the barristers opinion over to you ?

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For speed, please send it to my personal email address. Please note I will not be able to reply for the match, it’s only for the receipt of documents. Also, I don’t monitor it so you need to tell me when you sent it. You will need to add the normal formatting into the email address

Customerat yahoo co uk

Stuart J and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Hi Stuart, could you call me please

I’m happy to call but it would help if I saw the other opinion please before doing that

Customer: replied 8 days ago.
I agree, but I need an email address

I gave it to you at 951 this morning.

You will need to add the normal formatting into the email address

Customerat yahoo co uk

Customer: replied 8 days ago.
We have tried to contact you on that address, but it wouldn’t go through

Have you put all the formatting in?

It is the only email address I have and I am getting emails all day.

I did reply to you because I did get your test email in the end but I’ve had nothing since.