Deposit Return

[Budlet]

We recently agreed with the seller of a flat that he would take it off the market and sell it to us (it was on with Purple Bricks and the £500 covered his costs with them). However he has since decided to sell the property to someone else and is now refusing to return the money to us. What, if anything, can we do?

[emmie]

Talk with the CAB first and see what they say.

[emmie]

did you pay by direct debit, cheque?

[Zacs-Master]

What is 'the £500'? Do you mean you paid him £500 is some sort of agreement?

£500 does not cover Purple Bricks' fees in any case. It's a flat fee of £999 or £1499 in London (more if you have assisted viewings).

[Budlet]

The seller said the £500 was in exchange for him taking the property off the market in order to 'cover costs' and inconvenience if the deal was not completed. He was untruthful about some aspects of the property which led to us having problems with the mortgage company. We then went back to him with a lower offer. He went quiet for a couple of weeks and then we heard that he had sold it to someone else

[TonyV]

If you have nothing in writing or text messages then you may have lost your money.

[emmie]

if this a verbal agreement with nothing in writing you may well have lost the money.

[Budlet]

All texts and emails have been kept. My husband actually asked the seller if there were any potential issues with the property which may cause problems. There were and the seller chose to lie about them.

[emmie]

then contact the CAB first off, can you send the person a tx, e mail with a veiled threat to take him to court, sometimes that has a habit of changing minds.

[TonyV]

His choice to sell to whoever he wants to, your course of action can only be small claims court now IMO.

[Zacs-Master]

'the £500 was in exchange for him taking the property off the market in order to 'cover costs' and inconvenience if the deal was not completed'

Oh dear.

'My husband actually asked the seller if there were any potential issues with the property'

That's what a surveyor is for.

[emmie]

CAB first i think, they give very good advice and you don't have to pay. Then if no go threaten small claims court...

[Budlet]

Thanks emmie. I think we will do that

[emmie]

good luck...

[Peter Pedant]

I think you have a contract for an option
nd since he didnt honour the option
he broke the contrct and you get your £500

what you cant do
Narmaid needed here
is force him to sell you the house

nor the difference in the cost of buying another house just like his

but Barmaid should have the final word ( she does landlaw alot)