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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 7130
Experience:  English solicitor with over 12 years experience
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I paid reservation cost for the purchase of an a flat. A

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I paid reservation cost for the purchase of an a flat. A series of events happened and the developers pulled out and sold the property for over 15grand more to someone else and wouldnt refund my reservation cost because exchange didnt happen within the specified time period
Assistant: Where are you? It matters because laws vary by location.
Customer: Milton keynes
Assistant: What steps have you taken so far?
Customer: Contacted the agent
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Part of the reason for the delay was because the agent changed solicitors and also had mortgage refused and a broker who was looking into another mortgage pulled out because they were not getting the information requested from the agent
Customer: replied 6 months ago.
Also i innitially agreed with the agent to have the reservation transfered to a different property, however lost my job shortly after this arrangement and informed the agent it will be impossible to get a mortgage but the agent advised to to still exchange and or i will loose the reservation cost knowing full well i will be unable to get a mortage as i am not in work

Hello,

How much did you pay and what would you like to ask?

Customer: replied 6 months ago.
163;6000. £1000 for the agent and £5000 for the deve

Thank you.

You may file a court claim against the agent and the developer for the money. It would be a small claims court matter and you may file the claim online at www.moneyclaim.gov.uk

Before filing a claim, you should send a letter to them asking for the money to be refunded to you within 14 days of receipt of the letter and explaining why it should be refunded.

All the best. Please click on 5 stars

UKSolicitorJA and 3 other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
Last one from me on the merits of my case - I reserved the property in March and exchange was agreed to happen in 2 months, however the brokers changed solicitors a couple months after i made reservation at which time I was on a pre planned trip to Nigeria. The developers pulled out in september• On the 29/03/2019, I reserved property
• On the 29/03/2019, Agent asked their recommended Solicitor to contact me
• Expected Exchange of contracts agreed for the 26/05/2019
• On the 12/04/2019, Recommended Solicitors contacted me advising they were still waiting for documents from the seller’s solicitors
• On the 19/04/2019, Recommended solicitors sent out their client care letter
• On the 20/05/2019, Recommended solicitors sent through contract documents
• On the 13/06/2019, Recommended Solicitors sent through amended contract and report on tittle
• On the 01/07/2019, Agent informs me recommended solicitors had to be taken off for compliance reasons and recommended new solicitor
• On the 02/07/2019, Agent recommended Mortgage broker who contacted me
• On the 07/07/2019, I travelled to Nigeria on a pre-planned trip
• On the 09/07/2019, new Solicitors sent through their client care letter
• On the 29/07/2019 I returned client care letter to new solicitors
• On 01/08/2019, received an update request on sales progress
• On 08/08/2019, new solicitor confirmed they had finally received papers and requested payment of £300 for searches
• On 11/08/2019, new Solicitors sent through the report on title for review, together with the Agreement and Lease
• On the 13/08/2019 and 15/08/2019 received an email checking if I had made payment for searches and if I had reviewed the report on the contract documentation sent on the 11/08/2019
• On 19/08/2019, I responded to the update emails
• On 19/08/2019, I confirmed payment for searches had been made and confirmed I had a mortgage agreed in principle and asked whether all the questions raised by the broker had been responded to
• On 19/08/2019, new solicitors confirmed receipt of the payment
• On 19/08/2019, I was informed recommended mortgage broker was no longer working due to other commitments but when I spoke to him on the same day, he said he pulled out because brookers were not forthcoming with information, he requested
• On the 21/08/2019, I was introduced to a different broker
• On 21/08/2019, I received an update email
• On 22/08/2019, the new broker requested additional information
• On 27/08/2019, I instructed a new mortgage broker
• On 27/09/2019 – Developers pulled out

Please accept proposal to continue

Customer: replied 4 months ago.
offer accepted

I would say 50/50, it could go either way.

All the best

Customer: replied 4 months ago.
ok thanks. Is there any point i should focus on ?

You need to make it clear that you were ready able and willing to complete the transaction and should not be penalised for the aborted transaction as it was not of your making.

All the best

Customer: replied 4 months ago.
Thank you. Does the fact that the developer later sold for much and therefore didnt loose any money help?

Yes, that helps as well.