Off plan purchase and loss of deposit

[Ithinkihavemugwrittenonmyhead]

Namechanged for this.

Really need advise before I spend money I haven't got on small claims.

So reserved an off plan property (paid £5k to reserve) it went over to my solicitors to exchange contracts. The agreement was the reservation period was 28 days for my solicitor to conduct due diligence, if anything untoward showed up during the 28 days I could get a full refund.

28 days passed yesterday and my solicitors have not received a single response from the builders solicitors. Chased this up to be told they can extend my deadline to exchange by an extra 28 days however as I am now outside of the reservation period if I decide to withdraw from the purchase my £5k will not be refunded.

Does this sound fair? Would I stand a chance of getting the deposit returned?

I would argue that unless and until they respond to the questions they have not enabled the due diligence to take place.

How long had they had the paperwork from your solicitor?

Contracts received by my solicitor on day 6 and responded to within 2 days with enquiries. My Solicitor has chased response 3 times.

Blimey that's loads of time for them to have responded.

I know! Don't know what to do!

Sorry I can't help but I'll bump the thread for you! Hopefully someone who know what they are talking about will come along.

So you get a refund is anything "untoward" shows up.
I think the builder solicitors nor responding is pretty untoward

That's what I thought but as my solicitors have raised this After the 28 day period has ended they are saying I cannot get a refund

Is this a scam?