Unreturned contract

P

panathon

Guest
Hi

I'm in the process of purchasing a house on a new development. The builder is now trying to pull out of the sale without giving a reason. A booking deposit was paid 6 months ago. I then signed the contract along with issuing a full deposit cheque. 2 months ago my solicitor received a letter with a closing date.A few days after that closing date the money for the full deposit was cashed by the builder, but no contract has been returned. My solicitor believes that he must have signed the contract and all evidence points to this. As otherwise he would have returned the full deposit cheque and an unsigned contract by now and would not have cashed the money.

The problem is there is now no response from his solicitor. My main question is if the contract is signed by both parties but not exchanged, is it binding in anyway. Is this why a cheque isn't returned? (I still want to pursue the house so return of the cheque really isn't the problem). And if so how do you get the contract back, if they say it's gone missing?!

Also if someone else is purchasing the house behind our backs - is it not illegal to have 2 contracts out on one house at the same time? Obviously I have a solicitor to ask all of this of, but the advice is to wait (and doesn't fill me with confidence), does anyone have an opinion or knowledge on this as in the meantime I have to consider court options and the viability of it

Thanks!
 
whoa..nightmare...im terrified my builder is going to do that at the moment.im waiting nearly 3 years for my house.....
 
If he cashed the balance of the deposit sent to him with a signed contract you may have grounds to force him to completion as he may be deemed to have "performed under contract'. He obviously has a buyer prepared to pay a higher price. It might be worth your solicitor issuing a letter full of the usual heretofores and whereafters threatning dire and very public consequences if he fails to complete. It might persuade him that to default is just not worth the hassle.
 
I think that is how we will be have to move on it. I know there hasn't been many responses on this but if anyone just even knows can he isuue another contract to another buyer even though ours is still out there and probably signed?
 
Why is there no response from your solicitor? If they are not doing their job properly then ditch them and get another one who will.
 
It's the builders solicitor there is absolutely no response from.
 
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