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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 4237
Experience:  Two years conveyancing experience.
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I have served Notice to Recind as the seller us in breach of

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I have served Notice to Recind as the seller us in breach of the contract but my solicitor has been chasing them for 3 weeks now and no response. The property was off plan through a developer. I exchanged and paid my deposit of £23,000 in Feb 2019. The contract states that if the property is not completed by 31st of Jan 2021, the developer has to refund all my monies plus interest at 4% from day of exchange.
Customer: replied 11 days ago.
I am trying to identify the next steps as my conveyancing solicitor is fed up of chasing the seller solicitor and they are not responding

Hello, Thank you for your question and welcome. My name is ***** ***** I will assist you. I am sorry to hear you are having this trouble. Who is holding the deposit? Is it a solicitor? Have you sent them an itemised statement?

The non response for three weeks is probably a conduct offence - your options are:

1. Complain to the SRA about the solicitor;

2. Consider serving a statutory demand on the seller for repayment;

3. Commence a county court claim. In order to do this you would have to serve 7 day letter before action which may prompt a response.

Is the seller solvent and still trading?
kind regards AJ

Customer: replied 11 days ago.
The seller is still trading
Customer: replied 11 days ago.
What is an itemized statement. The developer has my deposit

Thank you. If you have served a notice to rescind you should send a statement detailing exactly how much should be repaid plus interest and a deadline by which it should be repaid. They cannot dispute the debt - so serving a statutory demand might put some pressure on them - as it puts them under the threat of insolvency proceedings.

Is the seller a limited company? I do hope this has been useful so far.

Kind regards AJ

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