Vendors pull out AFTER exchange of contract

DVardysShadow

Mattski wrote: »

.... I'm not a lawyer but my understanding was that even if the other side contests, if the judge can resolve the issue based purely on the factual evidence in Front of him then there is no problem.

I'm not one either. But if the other side contests, I believe that the judge cannot decide on a matter of fact - only on a matter of law.

If the defendant admits there is a contract [fact] but says it does not apply because of XYZ [law], the Judge can decide by summary judgement. If the defendant denies there is a contract [fact], then it needs to go to a full trial for a jury to decide whether the piece of paper offered as evidence by the plaintiff is a contract. Mind you, for a standard sale contract, the evidence would be so strong that the case would be done and dusted in half an hour with strong direction from the judge to the jury and a fairly withering judgment at the end. If it got to a trial. Because most legals would not want to defend on the basis that the contract either did not exist or did not apply.

I think your info is really useful on this thread, because it looks to me like this sort of case can be done and dusted quite quickly if you go down the summary judgement route. And it seems that the other side will be hard pressed to find a lawyer who will do anything other than advise the defendant to settle.

Mattski

I spoke to a friend who is a barrister. He told me that a judge can make a decision via the summary judgement route if there is "no reasonable prospect" of the other side winning. So, in my case that was very clear then this route was the right one. I guess if there were any important questions of fact in dispute (e.g. that the contract hadn't been freely entered into) then the judge may not be able to make a decision.

It is also useful to note that an appeal of the summary judgement (which is a high court decision) goes to the court of appeal. Taking a case to the court of appeal is very expensive. And the test for the case to be heard is whether there are any errors of fact or law. If there aren't then you can't even appeal the case.

Lastly, higher up in the thread somebody suggested that a vendor may be able to claim that specific performance is not an appropriate remedy. However, the opinion we got from counsel was that the courts accept that specific performance is appropriate for land. The example I was given of a case where specific performance might not be appropriate is if a farmer contracts to sell 2 tonnes of coffee but there is a drought and he has no coffee to sell then damages would be more appropriate than specific performance. In that case enforcing specific performance of the contract would not may sense. But, that doesn't apply to land.

DVardysShadow

Mattski wrote: »

... It is also useful to note that an appeal of the summary judgement (which is a high court decision) goes to the court of appeal. Taking a case to the court of appeal is very expensive. And the test for the case to be heard is whether there are any errors of fact or law. If there aren't then you can't even appeal the case.

No real surprise there, then.

M'lud, in presenting this appeal before you, I would open by conceding there are no errors in fact nor in law. Let me strike to the heart of the matter and tell you that the sole but crucial error in the case heard before His Lordship ***** was the the outcome delivered in his judgement .....

dibblersan

Can someone post a link to Welshwoofs renovation thread.

just read from the start and don't want to stop now. :beer:

m_13

dibblersan wrote: »

Can someone post a link to Welshwoofs renovation thread.
just read from the start and don't want to stop now.

I searched for it earlier and couldn't find it. I did find a post saying that she and her partner had split up. I'm not surprised after all the stress they went through with the move

clutton_2

how terribly sad for them .... best wishes welshwoofs if you are still reading this.......

sallyh82_2

Thanks for all the above. advise please; I have exchanged on selling my house and buying another. 4 days ago i received a letter from my purchaser saying that he had had his draft completion statement and he was £20k short (on a house sold for £1m) could I give him a 'price reduction'. After discussing with my solicitor I wrote and said no, and asked the estate agent to phone him and remind him that he is legally bound to proceed with the purcahse. Apparently he accepted this. Should I do any further to safe guard a smooth completion day? e.g ask my solicitor to inform his and get proof of funds??

Views very welcome.
Thanks

womble12345

Have you definitely exchanged?

sallyh82_2

yes definately, with completion Sept 15th

GDB2222

sallyh82 wrote: »

Thanks for all the above. advise please; I have exchanged on selling my house and buying another. 4 days ago i received a letter from my purchaser saying that he had had his draft completion statement and he was £20k short (on a house sold for £1m) could I give him a 'price reduction'. After discussing with my solicitor I wrote and said no, and asked the estate agent to phone him and remind him that he is legally bound to proceed with the purcahse. Apparently he accepted this. Should I do any further to safe guard a smooth completion day? e.g ask my solicitor to inform his and get proof of funds??

Views very welcome.
Thanks

Your solicitor can ask away, but the purchaser is under no obligation to do anything about it. What is your contingency plan if the buyer is £20k short on completion day? Can you still complete your purchase without his funds or if he is £20k short?