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Old 4th March 2011, 12:02   #1 (permalink)
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Sale Fallen Through - Deposit wasn't paid

I wonder if anyone can help me.

I have POA for friends of mine as they are selling their apt. We actually sold it privately and the buyers solicitors drew up a contract saying that we would get a deposit when the habitation certificate was issued, this happened and the rest when they received their tapu, the solicitor has POA for his clients.

We were just waiting military clearance for the buyer when I got a phone call from the solicitor saying the buyer didn't want to pay the price as the interest rate was so good against turkish lira, I said it makes no difference because the Contract was in GBP anyway. He said that they would only pay x amount of pounds so we came to an agreement and lo and behold later that day he said they didn't want to carry on with the sale. I later found out that they were already in the process of buying another one, I think they wanted my friends to refuse to come down.

Now I asked the solicitor what about the deposit and he said that the buyer had not given him a deposit and that he thought that the buyer had come to an arrangement to pay the couple in the UK, load of rubbish he never had contact with them as I held the POA, he is the solicitor he should have got the deposit when the HC was produced.

So my question is what do I do about the deposit, do I ring the solicitor and tell him that my friends want it and if he says that there isn't a deposit is there anyway, without going to Court, to get it, could I get a lien against this new property, any help would be appreciated.
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