My Word against claimants

[onedah]

I sold my house recently and part of the deal was that the buyer pays a deposit for �5000 to secure the sale and also as a guarantee if he pulls out of the deal in addition we agreed that if the deal did not complete by a set date he would lose �1000. Unfortunately the deal did not complete on the given date and I held back �1000 and paid back the remaining �4K. The Buyer has since tried to send thugs after me for the money and sent them to my mums house. I have managed to convince the thugs I don't owe him money as the money was never paid to me (it was paid to my brother in law). Now he has instructed a solicitor to send me a letter demanding payment within 7 days or they will take me to County Court. Does anyone have any advise on a case were we have a verbal agreement and what my chances would be. They are asking for the �1K plus interest and costs. Like I mentioned he never paid me direct and he also never paid my brother in law direct, I believe he got a relative to make the payment. Thanks O

[Ethel]

Why didn't the sale go through?

[onedah]

The sale did go through, but it went through a month later than agreed and so my brother in law held back �1K as agreed and paid back �4K.

[Ethel]

Just pay it back - the delay may not have been the buyer's fault.

Why the deposit wasn't paid through the proper channels I don't know, but it is unreasonable to keep this money, It all sounds very odd - relatives paying relatives and nothing in writing.

It is usual for deposits to be kept and taken off the amount to be paid, not returned. Deposits are usually lodged with the solicitor not paid cash.

I can't really see any reason why you should keep this money- the court will want any contract to be fair, and I don't believe that your terms were fair. House contracts can be delayed for many many reasons, many beyond the control of either the buyer or the seller.

[onedah]

The reason for the deadline was that we offered the house at below market value for a quick sale. The buyer agreed and was initially trying to avoid the stamp duty to which I did not agree.

He then decided to go on holiday for 4 weeks which delayed the process even though he said he has left power of atterney to complete the sale. In addition his choosen solicitors were so busy over xmas that they did not responsed to requests from my solicitors.