Deposit on site - Can I ask for refund?

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fmmc

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Hi, I recently placed a deposit on a site and sale is subject to obtaining planning permission. Since paying the deposit and now though, my circumstances have changed and I'd prefer if possible to "get out" of the deal. Am i entitled to a refund of the deposit. No contracts are signed. Thanks.
 
Was there any solicitor involved in the deal so far? If so what did s/he advise?
 
HI ClubMan,

No solicitors engaged thus far. Deposit was paid to the estate agent and I need to investigate obtaining planning prior to drawing up contracts.
 
Sounds like there should be no difficulty in obtaining a refund of the deposit as no contracts were signed.
 
Its not much use now, but a contract would protect you here,
However ring the auctioneer and explain the situation..they may willing to return your deposit, there may be other interested parties so they might have another buyer

Next time get a contract drawn up, any solicitor will do that for you
 
Actually having a contract might have been a hindrance, especially if the only condition was obtaining planning permission. If contracts signed and planning permission granted you would have been legally obliged to complete purchase. Presumably deposit accepted subject to contract and planning permission.
 
Of course if you weren't granted planning permission there would be no problem would there? If you wanted for example to build an incinerator? ;)
 
Yes. Deposit accepted subject to successful planning application. I guess I was wondering if the estate agent and/or vendor would be within his rights to withhold the deposit?
 
fmmc said:
Yes. Deposit accepted subject to successful planning application. I guess I was wondering if the estate agent and/or vendor would be within his rights to withhold the deposit?
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Hello, the estate agents or seller have no right to withhold your deposit as contacts have not been signed thankfully. If how ever yuo have exchanged contracts you would be legelly committed to buying the proerty and at that stage the seller could keep your money.

I hope this helps,

catherine
 
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