Sunday, August 22, 2010

Legal advice please - my house purchase has fallen through...?

I while ago a started the process of buying a house.





I paid the property developer my 10% deposit and was in the process of arranging a mortgage for the remaining 90% when the credit crunch happened.





I was unable to get a mortgage no matter how hard I tried. The property developer said I went past some time limit and now can't get my deposit back.





Does anybody know if/what I can do to get my money back?Legal advice please - my house purchase has fallen through...?
It really depends on the sales contract.





If you had the contingencies that the purchase was dependent on obtaining financing, yes, you should get it back.





However, if you simply defaulted on the contract this money belongs to the seller.Legal advice please - my house purchase has fallen through...?
I can only relate what happened to a neighbour of mine.


They put down a sizeable deposit of 拢40k on a house,a local builder had modernised. They were selling their property,but their buyer was having problems selling their house,and after 3 months pulled out of the deal completely.


My neighbour unable to sell and so buy the modernised house lost their deposit.


I thought morally the builder should of at best,deducted any reasonable costs he occured in the 3 months ie interest/solictors and returned the rest,but didn't !!


My neighbour regrets not reading the contract properly,and has decided never to move.


soorry
You need to read any contracts to which you agreed by signing same. Your rights to a refund, if any, will be spelled out in such contract(s). I am guessing that you had a certain amount of time in the contract to cancel and, after that time limit expired, you would lose your downpayment.





Consult an attorney with all your contract paperwork in hand.
You need to get the contract around to a solicitor as soon as possible!
What does the paperwork say?

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