News4 mins ago
Conveyancing: Deposit
21 Answers
Contracts exchanged. I am the seller. Deposit of 10 per cent now in my solicitor's client account. I ask my solicitor to pay it to me now, not retain it. She replies that she cannot release it to me until completion in three weeks "because it is a contractual condition that the deposit must be held by the seller's solicitor in their client account until completion "
What contractual condition is that? Is it in standard conditions of sale? Certainly I am not aware of signing for any such term. It benefits the solicitor, not the client. If I had acted without a solicitor, the deposit would be paid to me directly
What contractual condition is that? Is it in standard conditions of sale? Certainly I am not aware of signing for any such term. It benefits the solicitor, not the client. If I had acted without a solicitor, the deposit would be paid to me directly
Answers
This is very straightforw ard, I'm a Solicitor. The Standard Conditions of Sale, which are incorporated into the Contract, state that the Sellers Solicitors hold the Deposit as ' stakeholder' pending completion. If the Seller has a related purchase, this can be varied to 'Agent for the Seller' so that the money can be used as a deposit for the purchase only....
13:18 Tue 02nd Jul 2013