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-   -   Sale Fallen Through - Deposit wasn't paid (http://www.turkishliving.com/forums/turkish-legal-helpdesk/46319-sale-fallen-through-deposit-wasnt-paid.html)

THE AVENGERS 4th March 2011 13:02

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.

markwilshaw 4th March 2011 13:07

Re: Sale Fallen Through - Deposit wasn't paid
 
Hi,
Was the contract signed by both parties and notorised.
If so then you may have a claim,but if it did go to court it will cost.
How much is involved,it could cost 1000s going to court and lawyers fees.
If its only a small amount i would say forget it.
Mark

THE AVENGERS 4th March 2011 13:10

Re: Sale Fallen Through - Deposit wasn't paid
 
Yes the Contract was signed by the solicitor and myself but it wasn't notarised. I know they could go to Court and it would cost a lot of money but why should they get away with it, suppose I could always report the solicitor to the bar association.

Peaceplant 4th March 2011 13:15

Re: Sale Fallen Through - Deposit wasn't paid
 
I wouldn't have thought you could touch the new property in any way. It has nothing to do with your sales agreement.
Looks like the lawyer has made a mess of the deposit process but it would have been a good idea to check the deposit was in his account when it should have been - always presume everyone is untrustworthy and doublecheck everything. You can't keep something you never got in the first place.
Did they sign a sales contract stating they agreed to pay a deposit that would be non-returnable if they pulled out?

ah just answered that - but did the buyers sign it?

reporting the solicitor will probably be a waste of time and energy.

markwilshaw 4th March 2011 13:41

Re: Sale Fallen Through - Deposit wasn't paid
 
Unless it was notarised,you dont have a leg to stand on.
In my opinion it would be a waste of money to persue it.
Mark


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