Help - being gazundered.

snoopy78

RedSquirrel wrote: »

If we have agreed to this verbally, via the EA, but there is nothing in writing, no cheque and we still exchange, then say no, what would be the backlash then?

A verbal contract is still a legally binding contract with as much power as a written contract, the law see's no difference. The backlash is that he would take you to the small claims court and sue you, plus all his legal costs, other costs and interest for the period you did not pay him for.

I can't remember any details but there was also some crime involving handing over a cheque that you know will bounce. Certainly fraud springs to mind, but been a while since I studied any law. SO as well as having to pay the money then some you could potentially be looking at a criminal record.

The reason he does not want to go through redoing the contracts etc benefits both you and him so telling his solicitor or any other party is not in your best interest either, extra legal cost for both parties etc.

andys15

RedSquirrel wrote: »

If we have agreed to this verbally, via the EA, but there is nothing in writing, no cheque and we still exchange, then say no, what would be the backlash then?

I dont know red, but I would not even consider going down that path as it sounds like it could get ugly.
I would not even consider it. Tell the EA of the house you are buying the situation, and tell them it is putting considerable pressure on you. You might be able to get a discount with them. But if i was you right now, I would phone up the EA right now and say the deal with this moron who is trying it on, is OFF unless you exchange today and he stops his silly games. Worst that could happen is he pulls out, leave it a while, and he will come back.

hethmar

I cant believe a solicitor would tell you to give a bouncing cheque to someone!

Its up to how you feel about the guy, to be honest I think Id probably tell him to stick it but I dont know how desperate you are to move.

springclean

i would say your word against his, but then realised you are saying it through a third party (the EA), so there is proof of the 'deal'. that said, how would he go about collecting it if it is a dodgy deal???

personally, I wouldn't agree verbally. i would stay firm and say no. it's not happening. we agreed on x, y and z, and if you're no longer interested, bye bye. they honestly would be my exact words.

as someone else said, he has committed money to get this far, and he will lose out too if you pull the sale. if the 'deal' has been verbally agreed, i would retract it by the same source and hold tight...!

pinkshoes

It's a dirty underhand trick your buyer has carried out. He's a scum buyer.

But obviously you want to move... and the whole cancelling of cheque sounds dodgy...

Personally I'd come to an agreement with the buyer, say £2500 under agreed price, then the night before moving out, eat some very hot curries, turn off the water system, and leave a very nasty suprise in the toilet... perhaps a few kippers under the floorboards, take the door handles off, remove the lightbulbs, remove anything that wasn't on the agreed fittings and fixtures etc...

Petty? Yup! But people gazundering deserve their comeuppance. And at least you'll get to move.

RedSquirrel

:T I like your style :rotfl:

springclean

pinkshoes wrote: »

Personally I'd come to an agreement with the buyer, say £2500 under agreed price, then the night before moving out, eat some very hot curries, turn off the water system, and leave a very nasty suprise in the toilet... perhaps a few kippers under the floorboards, take the door handles off, remove the lightbulbs, remove anything that wasn't on the agreed fittings and fixtures etc...

Petty? Yup! But people gazundering deserve their comeuppance. And at least you'll get to move.

no offence pinkshoes - and i know you are probably talking in jest - but i personally think that you don't resort to scummy practice when dealing with scum.

if i moved into a house that needed cleaning up, i would sue the previous owner for the costs of doing so. when you sign for a house, you sign to say what will be left and what won't. a disgusting clean up would take money, and i wouldn't pay for it, and there would have only been one other person who could have done it - the one with the previous set of keys. not really hard to track down.

hethmar

You seem to have a dodgey estate agent as well as a dodgey solicitor - incredible.

andys15

Who is the man buying your house?
If he is married with kid etc, then I bet his OH doesn't know. She would probably kill him if he lost there dream home. How long has he been buying your house as I understand it has already feel through once. The mortgage offer willl only last 6 months so is he getting close to this. Financially how much has he already invested. He would have paid survey fees, mortgage fees etc etc. Just because house prices are falling doesn't mean he has the upper hand, he thinks he does because houses are not selling, but ultimately he wants your house. If he wants your house as a buy to let then I may be a little worried, as he could walk a way and try it on with someone more desperate, if he wants your house as a home, and especially if he is moving in with someone, I would call his bluff.

ginvzt

So, you would be paid EA fees on the full amount (as informed to lender and land registry) or the unofficial sale price? Does the buyer have to pay stamp duty?