We're currently in the process of trying to get our deposit back after we pulled out of buying a new build house. Despite there being loads of them, it wasnt the usual "I'm pulling out because of negative equity/current market conditions" that caused the house to fall through but an issue over the contracts.
I was wondering (worrying) about the deposit. Is there any way that the builder can get at the deposit or does it stay in his solicitors client account ? If his solicitor has given him this money and the builder goes bust, where do we stand then ? Can we pursue his solicitor because he should have been given the money ? (it is a one off build, not covered by Homebond)
We had pestered our solicitor to send the signed contracts but our solicitor spotted some issues over standard required paperwork and had several conditions put into the contract before sending it with our 10% deposit.
After weeks of completely ignoring requests to meet these conditions they finally admitted they couldnt meet the conditions. We then told them we were pulling out because they were in breach of the contract.
They then completely ignored all the requests for the return of our deposit. We were forced to serve legal proceedings on them for this to try to get some closure on this issue.
I fully expect to win .... biased I know but if any logic prevails in the legal system I dont see what angle they can take against us ? They could not meet the conditions in the contract therefore the contract is null and void ? My biggest fear is that a judge will be fed up with all these other cases of people pulling out for the wrong reasons and group us in with them.
I was wondering (worrying) about the deposit. Is there any way that the builder can get at the deposit or does it stay in his solicitors client account ? If his solicitor has given him this money and the builder goes bust, where do we stand then ? Can we pursue his solicitor because he should have been given the money ? (it is a one off build, not covered by Homebond)
We had pestered our solicitor to send the signed contracts but our solicitor spotted some issues over standard required paperwork and had several conditions put into the contract before sending it with our 10% deposit.
After weeks of completely ignoring requests to meet these conditions they finally admitted they couldnt meet the conditions. We then told them we were pulling out because they were in breach of the contract.
They then completely ignored all the requests for the return of our deposit. We were forced to serve legal proceedings on them for this to try to get some closure on this issue.
I fully expect to win .... biased I know but if any logic prevails in the legal system I dont see what angle they can take against us ? They could not meet the conditions in the contract therefore the contract is null and void ? My biggest fear is that a judge will be fed up with all these other cases of people pulling out for the wrong reasons and group us in with them.