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Has anyone successfully sued a seller to get their deposit (caparo) back?

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Mila_Styl
Joined:
10.07.2022
Posts: 558
Topic Starter
06.03.2025 06:37
We put down a holding deposit on a house a few months ago, but the sale fell through because the seller tried to change the agreed terms at the last minute. Now they are refusing to return the caparo, claiming we backed out. We have everything in writing, but I'm wondering if it's actually worth taking them to small claims court or if the legal fees will just eat up the difference. Has anyone here gone through this process and managed to get their money back successfully?
20 replies in this topic
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Iva_R
Joined:
29.03.2024
Posts: 2401
15.04.2025 02:00
Yes, I actually went through this exact same nightmare two years ago. It is definitely worth going to small claims court if you have it all in writing.
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Yani_Z
Joined:
09.06.2024
Posts: 1178
01.05.2025 22:26
Did you use a real estate agent, or was it a private sale? That makes a big difference in how you should proceed.
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demian_l
Joined:
20.01.2020
Posts: 1945
02.05.2025 15:44
In reply to a previous post
I agree with the first poster. Don't let them keep your money just because they think you won't bother fighting it.
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Tim_G
Joined:
09.02.2022
Posts: 983
04.05.2025 06:01
In our case, just sending a formal letter before action drafted by a solicitor was enough to scare them into paying up within a week.
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Selector
Joined:
06.06.2021
Posts: 2141
08.05.2025 20:19
In reply to a previous post
Small claims court is actually pretty cheap and straightforward to use in most places. You usually don't even need a lawyer.
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BlackCat
Joined:
14.12.2023
Posts: 788
24.05.2025 05:36
Make sure you check your deposit receipt or holding agreement carefully. Sometimes there are clauses about who keeps the money if the sale fails.
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Alice_K
Joined:
28.10.2023
Posts: 1060
07.06.2025 12:48
In reply to a previous post
That's a very good point about the contract clauses. Sellers love to slip in unfair terms.
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Gosh_Bolo
Joined:
26.01.2020
Posts: 382
20.06.2025 11:09
They are probably bluffing. Most people just walk away, so sellers try it on hoping you'll give up.
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Leon_M
Joined:
04.05.2024
Posts: 1323
06.07.2025 05:55
In reply to a previous post
Totally agree with the bluffing theory. Once they realize you actually know your rights, they usually fold.
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Lida_C
Joined:
10.03.2020
Posts: 1067
04.08.2025 08:24
How much money are we talking about here? If it's a few thousand, definitely fight for it. If it's pocket change, maybe let it go for peace of mind.
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greg_b
Joined:
10.05.2024
Posts: 1653
12.10.2025 02:53
In reply to a previous post
I second asking about the amount. But honestly, principle matters too!
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Max_D
Joined:
14.12.2021
Posts: 48
25.10.2025 05:45
We sued a seller in small claims court and won, but it took nearly six months to actually see the cash. Be prepared to wait.
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Brian_Z
Joined:
31.12.2021
Posts: 320
04.11.2025 21:32
In reply to a previous post
Six months is not too bad actually, considering how slow the legal system usually is.
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Selector
Joined:
28.01.2022
Posts: 2101
07.11.2025 13:19
Keep all your emails and messages backed up in multiple places. Do not rely on them staying accessible.
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mike_777
Joined:
19.01.2024
Posts: 1510
12.11.2025 00:58
Have you tried contacting Citizens Advice or a local housing charity yet? They gave me great free guidance when I had a deposit dispute.
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Profit_Maker
Joined:
31.08.2025
Posts: 2145
30.11.2025 07:51
In reply to a previous post
Citizens Advice is a lifesaver, definitely check them out before filing any paperwork.
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Vic_S
Joined:
11.11.2025
Posts: 2451
16.12.2025 08:07
Changing the terms at the last minute is a clear breach of good faith. Judges don't look kindly on sellers who pull that stunt.
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agata_k
Joined:
13.09.2023
Posts: 499
17.01.2026 22:24
In reply to a previous post
Exactly, changing terms means *they* backed out effectively, not you.
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watcher_x
Joined:
25.01.2021
Posts: 2081
23.01.2026 07:21
Good luck OP, hope you get your caparo back soon. Keep us updated!
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Kate_J
Joined:
18.07.2021
Posts: 1564
08.03.2026 19:55
In reply to a previous post
Fingers crossed for you! Don't let them get away with it.

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