A question for the legals please: My son was in the process of leasing a farm. He was advised by his solicitor not to hand his deposit directly to the agent but to hand it to her and she would administer the funds to the land owners solicitor. He obviously took his solicitors advise.
The EA subsequently gave the lease to another party.
Son was miffed that he lost lease but solicitor insisted that this was a wise move as she was currently trying to get deposits back for other clients due to failed property transactions.
S51(3) Land and Conveyancing Law Reform Act - does this help?
(3) For the avoidance of doubt, but subject to an express provision in the contract to the contrary, payment of a deposit in money or money’s worth is not necessary for an enforceable contract.