Help - being gazundered.

RedSquirrel

Thanks Gareth, but this isn't Scotland, and sadly, he can do just about anything he likes right up until we exchange and get away with it.. the law down here needs to change!

Plan B is that we have a viewing on Saturday, and I have let all EA's know, (fortunately we never took it off the market for obvious reasons, although they were all fully aware of the situation) and if I can get another offer, even at the same amount, the he will be history. If however, he does finally exchange on Wednesday, we will sell to him, because we need to get this move done.

ess0two

RedSquirrel wrote: »

We sold our house at a very much lower price that it was on the market for, as we had found a house that was quite cheap, and therefore it was do-able. However, this is was all going through when our buyer turned up at our front door and said he was dropping his offer by £12,500, after playing games, this then became £10K. Then the house we were buying was taken off the market and as there as nothing else in our price range, it was 'all off' our buyer then went back up to £2500 below his original offer and we managed to secure another house.

Yesterday we were due to exchange, and he 'then' dropped his offer by £10K .. again!

He has now said he will meet us in the middle at £5K, but he doesn't want his solicitor informed as he doesn't want to have to get his mortgage approved again, so wants us to hand over £5k on completion.

We have really scrapped to get the house we are buying as it is over £50K more than the one we were buying and simply don't have anymore funds available.

It has been suggested to us, that we agree, given him a post dated cheque for the day after completion, and then cancel it.. could we do this? There is nothing in writing, it would be a purely verbal agreement, obviously non of this is ethical, and we really don't know at this point what to do.

We are now due to exchange, hopefully, later today.

Would appreicate any advice you have.

Thanks.

F))k the time waster off.

neverdespairgirl

Captain_Mainwaring wrote: »

So where would this occur then?

Many diamond dealers do business based upon trust only, no contract, I assume that you are sayin that the briefing solicitor would be the only person who could issue a "kite"?

Yes, solicitors only. We never get paid directly by the lay client, except if the client is someone who doesn't need a solicitor (doesn't happen much, and not at all in my area of law).

GDB2222

I've had direct access to a barrister recently. I didn't realise it was that unusual. Worked like a dream, although for a larger case I can see that it's better to have two people working on the case. Two heads are better than one. But if the case only warrants one adviser, maybe the barrister is the one to go for.

There are solicitor-advocates around. Do they have two desks and send themselves briefs?

ginvzt

RedSquirrel wrote: »

Thanks Gareth, but this isn't Scotland, and sadly, he can do just about anything he likes right up until we exchange and get away with it.. the law down here needs to change!

Plan B is that we have a viewing on Saturday, and I have let all EA's know, (fortunately we never took it off the market for obvious reasons, although they were all fully aware of the situation) and if I can get another offer, even at the same amount, the he will be history. If however, he does finally exchange on Wednesday, we will sell to him, because we need to get this move done.

Whilst it is not in Scotland, when our vendor started playing tricks on us (asking for more money to pay off his mortgage early repayment charge), we did send him a letter saying that if he doesn't exchange by certain date the offer is dropping down, and he better hurry up.

Whilst it has no legal standing, it might kick him a bit. Just put that if he doesn't exchange by Wednesday the latest, you will put a charge of £X amount per day, for securing the movers/ inconvenience/ extra mortgage interest/ whatever reason you can think off. It might just give him a push... To either exchange or come up clean that he is not intending to buy your house in the end!

Best of luck!

P.S. you can always wave the extra charge when he finally exchanges... We didn't actually drop the offer, even though we exchanged 2 days after the deadline.

Dammam

RedSquirrel wrote: »

How are we wronging him? He is the one playing a nasty little game and breaking the law in the process! ..

I know you really want the new house, but do you really want to start playing games with this character? No good can come of it. Refuse the 'offer' and stick to your original selling price. if the buyer doesn't want to buy at that price then I really think you're better off finding another buyer. A guy I work with had no end of trouble from the person who bought his last house - he found a littany of things 'wrong' with the house and threatened to sue if he wasn't given financial compensation. My colleague stuck to his guns and didn't give a penny, but it took a long time and he got so many letters and calls that it began to really stress him. I can see this guy trying the same thing.

Oh, and ditch the solicitor - what appalling advice to cancel the cheque!

want2beMF

hi, not sure if i am too late in posting but wanted to say that we were in a similar position to you when we were buying. but it was due to games on the seller's side (and his solicitor) that we asked for a £5k reduction prior to exchange. one solution given to us by our solicitor was that the reduction would be retained by her and used to pay directly to our builders for any works that we needed to do to the house, i.e. in essence the seller is paying for works and repairs to be done to the place. i think the mortgage company was informed abt this and was ok with it as long as legit invoices were produced and everything was to be done from the solicitor and no money would get passed into our hands. can't quite remember the entire process but it was something like this...

of course, in the end, we managed to get the mortgage offer changed in time for the reduced amount but this might be something for you to consider.

RedSquirrel

Dammam wrote: »

I know you really want the new house, but do you really want to start playing games with this character? No good can come of it. Refuse the 'offer' and stick to your original selling price. if the buyer doesn't want to buy at that price then I really think you're better off finding another buyer. A guy I work with had no end of trouble from the person who bought his last house - he found a littany of things 'wrong' with the house and threatened to sue if he wasn't given financial compensation. My colleague stuck to his guns and didn't give a penny, but it took a long time and he got so many letters and calls that it began to really stress him. I can see this guy trying the same thing.

Oh, and ditch the solicitor - what appalling advice to cancel the cheque!

More for me to worry about, could he do this, he didn't have a full survey done, just a basic one with his mortgage valuation, there is damp in one of the walls, it isn't rising, it comes in through the chimney, this is a very old cottage. He will also find that he will have trouble fitting furniture in as doorways and stairs are very narrow, one doorway in particular we altered and it is narrow, he was verbally made aware, but I am sure he would deny that. The last thing I need is him starting games again after we have moved.

GDB2222

RedSquirrel wrote: »

More for me to worry about, could he do this, he didn't have a full survey done, just a basic one with his mortgage valuation, there is damp in one of the walls, it isn't rising, it comes in through the chimney, this is a very old cottage. He will also find that he will have trouble fitting furniture in as doorways and stairs are very narrow, one doorway in particular we altered and it is narrow, he was verbally made aware, but I am sure he would deny that. The last thing I need is him starting games again after we have moved.

What did you say in response to questions asked by the solicitors? That's worth looking at again, just to make sure. However, it's generally a case of caveat emptor.

GDB2222

Oh, and don't worry about the narrow doorways.