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Breach of conveyancing contract

CrissieB
CrissieB Posts: 4 Newbie
First Post Combo Breaker First Anniversary
in House buying, renting & selling
Hi.
We were due to complete on our house sale on Fri 11th Aug and were in the middle of a chain of five. Our buyers buyer solicitor did not release the bridging loan until too late in the day. The move failed and we ended up in a b and b for three days with nothing but what we were wearing. Our furniture had to be sent into storage and was redelivered on the 16th Aug. We got the keys on the 14th Aug.Our solicitors advised us to save all receipts as we will be able to claim breach of contract down the chain. We are over £2000 out of pocket. We have written to our buyers solicitor and they have dismissed the claim as rubbish! Does anyone have any advice please?

Comments

  • mrginge
    mrginge Posts: 4,843 Forumite
    CrissieB wrote: »
    Does anyone have any advice please?

    What has your solicitor advised?
  • Lucky_Duck_2
    Lucky_Duck_2 Posts: 271 Forumite
    Photogenic First Post Combo Breaker First Anniversary
    Indeed, there have been couple of threads on here where completion hasn't occurred on the specified day. Probably worth searching for them and reading the advice given.
  • CrissieB
    CrissieB Posts: 4 Newbie
    First Post Combo Breaker First Anniversary
    Not alot! Basically we're on our own even though its a solicitors fault.
  • eddddy
    eddddy Posts: 16,412 Forumite
    First Anniversary First Post Name Dropper
    edited 22 October 2017 at 5:03PM
    CrissieB wrote: »
    We have written to our buyers solicitor and they have dismissed the claim as rubbish! Does anyone have any advice please?

    If you're going to pursue a legal claim, I think you'll need to be bit more forensic in your approach....

    Did the solicitor really describe your claim as "rubbish", or did he/she give a legal basis for rejecting your claim?
    For example, is the buyer admitting that they delayed completion, but disputing the amount of compensation that you are claiming?

    Or is the buyer denying that they delayed completion at all?

    Or are they asking you to clarify the basis of your claim?

    You may also be sued by people higher up the chain - perhaps for many thousands.

    Realistically, you might want to start discussing this with a litigation solicitor - not your conveyancing solicitor.
  • chappers
    chappers Posts: 2,988 Forumite
    edited 22 October 2017 at 5:01PM
    eddddy wrote: »
    not your conveyancing solicitor.

    He should definitely be your first port of call though, he will be the one who is aware of the legal position of the delay.
    Was notice to complete issued.
    edit: as I'm not sure there has actually been a breach of contract until the expiration of that notice(normally 10 days)
  • CrissieB
    CrissieB Posts: 4 Newbie
    First Post Combo Breaker First Anniversary
    Thanks for your replies. I have been able to resolve this today.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    CrissieB wrote: »
    Thanks for your replies. I have been able to resolve this today.
    How?

    It is helpful for others who encounter a similar problem to be able to learn from your experience.

    It's also polite to those who took the trouble to answer you!

    :j
This discussion has been closed.
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