Can a builder give back a booking deposit?
- Thread starter Siobh
- Start date
A booking deposit is usually not binding- so if you just paid a booking deposit it sounds like the builder can just refund and walk away. However sometimes contracts can be made unintentionally with signed documents expressing an agreement to sell and buy so best to seek legal advice if this is an important issue.
Thanks Vanilla. We actually think we've lost out on a house because the builder accepted our booking deposit but the auctioneer accepted a booking deposit for the same house. We had a verbal agreement with the builder but someone else gave their booking deposit to the auctioneer before we gave ours to the builders solicitor. The builder told us we had the agreement beofre the others did and so he would be giving them back their deposit and we would get the house but now the others have threatened legal action!!!
I didnt think a booking deposit was legally binding and so cant understnad how they would threaten legal action.... As far as I know we were also offering a higher price than the others involved.
I dont want to get involved in anything messy but if we can get it we really want the house!!!
Thanks for any help or advise!
I didnt think a booking deposit was legally binding and so cant understnad how they would threaten legal action.... As far as I know we were also offering a higher price than the others involved.
I dont want to get involved in anything messy but if we can get it we really want the house!!!
Thanks for any help or advise!
PaddyBloggit
Registered User
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Booking deposit doesn't commit any side to the sale/purchase.
Other buyer is chancing their arm ..... and it appears it's working.
(Of course it could be an issue between builder and EA .... there's a lack of communication between them when both are accepting clashing deposits).
It's worth looking into it more .... but not worth the hassle of getting into legal wranglings .... plenty more property out there.
Other buyer is chancing their arm ..... and it appears it's working.
(Of course it could be an issue between builder and EA .... there's a lack of communication between them when both are accepting clashing deposits).
It's worth looking into it more .... but not worth the hassle of getting into legal wranglings .... plenty more property out there.
It helps to keep life simple and uncomplicated when people stick to their knitting - builders build, estate agents sell. I wonder did anyone ever ask an estate agent to build a house?
It would appear simple. The builder owns the house and is selling it to you.
He did engage an EA to sell the house, but unfortunately he forgot to tell the EA the house was no longer for sale once you put down your deposit.
So the other buyer issue is between him the builder and the EA.
It would be the same if someone forgot to tell their EA they have taken their house off the market.
The other party can't threaten you with legal action, nor can they threaten the builder with legal action.
Not sure - myabe they can accuse the EA of advertising a property for sale that is not for sale.
Now unless the situation is that the other party are further along in the sale process than the builder is letting on. But because you have offered higher he's wanting you instead.
The builder shouldn't have their deposit himself, the EA should have their deposit.
Ask your Solicitor to look into it for you with the Builder's solicitor.
Bear in mind the builder may not be being upfront with you...
He did engage an EA to sell the house, but unfortunately he forgot to tell the EA the house was no longer for sale once you put down your deposit.
So the other buyer issue is between him the builder and the EA.
It would be the same if someone forgot to tell their EA they have taken their house off the market.
The other party can't threaten you with legal action, nor can they threaten the builder with legal action.
Not sure - myabe they can accuse the EA of advertising a property for sale that is not for sale.
Now unless the situation is that the other party are further along in the sale process than the builder is letting on. But because you have offered higher he's wanting you instead.
The builder shouldn't have their deposit himself, the EA should have their deposit.
Ask your Solicitor to look into it for you with the Builder's solicitor.
Bear in mind the builder may not be being upfront with you...