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Help - being gazundered.
Comments
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RedSquirrel wrote: »And, no, I wouldn't do this the the people we are buying from, who are extremely nice and have this morning, after hearing of our situation, offered to give 'us' £1000 on completion as an act of goodwill, which has restored my faith in human nature.
We didn't ask for it btw, and they know we wouldn't pull out under any circumstances as they are fully aware of our situation.
There are nice people in this world!
Redsquirrel, yes as much as some people think everyone is out for themselves you have just proved that there are still good decent people out there and restores my faith in human nature!
What goes around comes around and he will get his come upance(not sure how to spell that one!) eventually and at least you can hold your head high.0 -
Let us know how it goes - it is nice when people keep updated about the story!Spring into Spring 2015 - 0.7/12lb0
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I was reading this thread with growing incredulity. Any solicitor knows this, surely, so there's no way the vendors got advice from their solicitor to cancel the cheque.
I'd have thought so, the cheque rule isn't particularly obscure.
Barristers tend to be particularly aware of it. WE can't sue for our fees, usually, as it's a gentlemen's agreement, not a contract. But we can sue on a rubber cheque sent for fees....much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.0 -
Update, we didn't exchange as it turns out our buyer wanted to do so with zero deposit, which the answer was .... not in this lifetime, he then said it would take him a week to sort, so it was that or wait.. I think that was the final straw, so I told him to sort it by tomorrow or he could forget his £5K, now apparently they will be in place tomorrow morning and we will exchange tomorrow afternoon.
To be continued................................
Thanks again!0 -
Btw we did get that advice from our solicitor, why on earth would I make it up???0
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Why am I not surprised about the deposit, look forward to hearing from you when it's all sorted.
What a plonker he is, I bet you will be glad to be shot of him, as if this is not stressful enough.:eek:
My thoughts are best wishes are with you.0 -
Once he has sorted this, tell him you are re-considering paying the cash as it is unethical and possible fraud - Put the ball in his court. I understand why you just want to complete, but I am sure you could 'accidentally' tell the wrong person after completion.0
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Once he has sorted this, tell him you are re-considering paying the cash as it is unethical and possible fraud - Put the ball in his court. I understand why you just want to complete, but I am sure you could 'accidentally' tell the wrong person after completion.
Legal eagles might know better but if I were the mortgage provider and the purchaser defaulted and did a runner I would take a very dim view of the assistance the OP is providing the vendor and take OP to the cleaners along with his dishonest solicitor if at all possible. Surely this is fraud, a criminal offence, in addition to a civil matter.
Are you prepared to run the risk, small it may be, of a criminal record?
The solicitor should be reported to the Law Society.
Sorry your personal circumstances are tricky OP but you know what you should do.0 -
OK, now I begin to get it. He needs the cheque from you to be able to pay you something as a deposit. Sorry to say, I think you don't have a proceedable buyer in reality. Some buyers expect vendors to be weak, because only weak vendors will deal with them.RedSquirrel wrote: »Update, we didn't exchange as it turns out our buyer wanted to do so with zero deposit, which the answer was .... not in this lifetime, he then said it would take him a week to sort, so it was that or wait.. I think that was the final straw, so I told him to sort it by tomorrow or he could forget his £5K, now apparently they will be in place tomorrow morning and we will exchange tomorrow afternoon.
To be continued................................
Thanks again!
After this little episode, I would be back to him, saying that the failure to provide a deposit means that his gazunder is off unless he proposes it through his solicitor. Don't be afraid to do this, even if the deal falls through, because if the deal fails after rejecting the gazunder:- rejecting the gazunder would not be the difference between the deal standing or falling
- you will find out sooner that the deal was never going to stand and be able to get back to selling
After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
I agree - it sounds a lot like a purchasor who is actually in need of a 100% mortgage or something close and since he can't get one in this market, he's trying to fake the deal. I too would consider the lower offer only if the deal is done properly through the solicitors - and as Incisor says, I think if that means the deal falls through completely, then it was probably going to happen anyway.0
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