Builders in liquidation - contract void/entitled to deposit back?

P

PRJ

Guest
Hi,
We signed a contract for a new build house in an estate over a year and half ago, house was to be built within a year, after the year solicitor looked for deposit back as house was no way near finished, to which they replied we were still tied to the contract. In the following months they went into provisional liquidation and then liquidation. As the builders are in huge debt, we have been told that we would be the last to be paid, but that we are unlikely to see out deposit again.
On the off chance, i rang the auctioneer who confirmed that he still has our deposit, but can not give it back to us without the liquidators sayso, to cover himself. Our solicitor was under the impression that the deposit had been passed onto the sellers solicitors as they confirmed that they accepted the deposit amount on signing of the contracts. Does anyone know if we could get the deposit back off the auctioneer since he still holds it?
Any advice would be great, thanks in advance.:)
 
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