Section 49 LPA 1925 says ‘the court may, if it thinks fit, order the repayment of any deposit’. But, the court is likely to take a hard approach. This is well illustrated by a recent case where, one week before completion, the seller was told by the buyer that he might be late completing because of delay in funds coming from Nigeria. The seller then made two offers to put back the date of completion, in return for a modest increase in price. That was not agreed, so when the completion date arose, notice to complete was served. Unfortunately, the funds did not come through until one day after the deadline, so the seller forfeited the buyer’s deposit of £430,000 – and then sold elsewhere for a profit.