Should sellers solicitor hand contract money over to developer before sale closes?

The sale of my apartment fell through and the seller offered to refund my deposit and money from the contract. This was nearly 2 years ago and i still have not recieved my money back even thought they have adivsed numerous times that it would be sent.

I was recently told that a sellers solicitor is not leagally supposed to hard over the money to the developer before the sale has closed? Is this true?
If so, can i sue the devlopers solicitor for giving the developer the money?

Thanks!

Re: Should sellers solicitor hand contract money over to developer before sale closes

Deposits get handed over on signing contracts. Can't see why the developers solicitor wouldn't hand it over to the developer. Deposits are usually non-refundable

Re: Should sellers solicitor hand contract money over to developer before sale closes

nicky40 said:

This was nearly 2 years ago and i still have not recieved my money back even thought they have adivsed numerous times that it would be sent.

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What have you been doing for the past two years ?? Is your solicitor not acting in your best interests ?? The deposits are normally passed to a developer unless you specify that the solicitors must hold the money as 'agent'

Re: Should sellers solicitor hand contract money over to developer before sale closes

Court preceeding were brought against the developer but on the day of the case they requested more time and my solicitor advised we had to choice but to give it to them. it then takes months to get another court date. 4 months ago they send a letter saying that they would pay up, but this just looks like a delay tatic as nothing has happened since

Re: Should sellers solicitor hand contract money over to developer before sale closes

With every respect this appears like a game of Charades - and your solicitors may not be up to the mark. Have you spoken with any of the other purchasers ?? How much deposit have you handed over as it would appear from the story so far that this is money to say Goodbye to.

Re: Should sellers solicitor hand contract money over to developer before sale closes

Here's a novel concept. Its not either of the solicitors' fault. There is a recession and builders have gone bust. There is an acknowledgement that the money is due but if there is no money to meet that acknowledgment ......................

The OP has provided precious little info except for wanting to now sue the developers solicitor. Which implies to me that they are posting hugely selective information on their situation.

There have been a lot of posts about the Laragan situation. I suggest OP goes read those and applies the info to their own situation.

mf

Re: Should sellers solicitor hand contract money over to developer before sale closes

nicky40 said:

Court preceeding were brought against the developer but on the day of the case they requested more time and my solicitor advised we had to choice but to give it to them. it then takes months to get another court date. 4 months ago they send a letter saying that they would pay up, but this just looks like a delay tatic as nothing has happened since

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What court proceedings were brought, by whom and for what reason? What has your solicitor advised you?

Re: Should sellers solicitor hand contract money over to developer before sale closes

Two years later !!!! OP, try putting the full story in writing and opinions might be offered as to what you might do next.