Aribisala v St James’ Homes (Grosvenor Dock) Ltd
Chancery Division
“The only real scope for the exercise of the court’s discretion, under section 49(2) of the Law of Property Act 1925, to order the return of a deposit, was when the purchaser of a property was unable to perform the contract; whereas, a purchaser would have the right to the return of the deposit when a vendor was unable to perform the contract.”
The Times, 4th April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
