No as previously stated they buyers have no right to the deposit being returned. My query is over why I should then have to go to a judge to get it returned to me. It seems the buyer will have to agree to this whereas I thought it was automatic.
Without having read the compromis, my take on this would be:
- you and the buyer have signed mutual contractual obligations, one of which includes the buyer depositing a sum of money to the notary’s escrow account;
- the notary’s job is simply to hold that money in trust until the executions of the compromis are satisfied;
- the notary is not authorised to release the money to you unless it receives due authorisation from the debtor;
- if the debtor refuses to relinquish the deposit, he has failed to fulfil a contractual obligation towards you as specified in the compromis;
- in order to obtain execution of that obligation, and have the money released, you need to obtain a court order to that effect obliging the debtor to fulfil his obligation.
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