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Vendors pull out AFTER exchange of contract

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Comments

  • From a personal point of view i think i would have to see this through , i just could not live with the thought that these idiots had got one over on me and were probably laughing about it at their next house party . On the other hand taking these idiots to court should not be taken lightly with a good chance that you could be thousands out of pocket just for the sake of your principles . This may be slightly over the top :D but is it any wonder that society has broken down in this country when we have people living amongst us who just reek of selfishness with no principles and a complete lack of morals .


    I`m sure you will decide what is best for you WW . Best wishes to you and your family .
  • confused31_2
    confused31_2 Posts: 1,272 Forumite
    Ive read some of this thread and i can undertsand WW not being happy i would be fuming too, but to be honest if like they say they are moving to a whole different part of the country, i would have a few concerns.

    What would be going through my head is that your moving to another area, where the vendors probably have a lot of friends and family, i think morally you are right taking them all the way, but i would be very hesident to force them out of there house and then move in.

    The neighbours if they are good friends with the vendors would see all the trouble you have caused for there friends and then you are going to move in as if its like a fresh start, which it wont be as you will be known as the neighbours who got the couple and their kids thrown out of their house.

    I know its right what WW is doing, and everyones saying its right but in all honesty, would you want to move into a neighbourhood where you have had one of the locals removed, i know i wouldnt.

    I would try and get as much compensation as you can, but i would seriously have a good think about forcing the sale and then moving in.

    The neighbours could make you and your familys life a misery, or maybe the neighbours dislike them as much as you do, but i think its a big risk.
    I am not a Mortgage Adviser
    You should note that this site doesn't check my status as not being a Mortgage Adviser, so you need to take my word for it. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Swan_2
    Swan_2 Posts: 7,060 Forumite
    confused31 wrote: »
    Ive read some of this thread and i can undertsand WW not being happy i would be fuming too, but to be honest if like they say they are moving to a whole different part of the country, i would have a few concerns.

    What would be going through my head is that your moving to another area, where the vendors probably have a lot of friends and family, i think morally you are right taking them all the way, but i would be very hesident to force them out of there house and then move in.

    The neighbours if they are good friends with the vendors would see all the trouble you have caused for there friends and then you are going to move in as if its like a fresh start, which it wont be as you will be known as the neighbours who got the couple and their kids thrown out of their house.

    I know its right what WW is doing, and everyones saying its right but in all honesty, would you want to move into a neighbourhood where you have had one of the locals removed, i know i wouldnt.

    I would try and get as much compensation as you can, but i would seriously have a good think about forcing the sale and then moving in.

    The neighbours could make you and your familys life a misery, or maybe the neighbours dislike them as much as you do, but i think its a big risk.
    have you read the whole thread? from what I gather, WWs grew up in the town & their family have been established in the area for many years
  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    confused31 wrote: »
    Ive read some of this thread and i can undertsand WW not being happy i would be fuming too, but to be honest if like they say they are moving to a whole different part of the country, i would have a few concerns.

    What would be going through my head is that your moving to another area, where the vendors probably have a lot of friends and family, i think morally you are right taking them all the way, but i would be very hesident to force them out of there house and then move in.

    The neighbours if they are good friends with the vendors would see all the trouble you have caused for there friends and then you are going to move in as if its like a fresh start, which it wont be as you will be known as the neighbours who got the couple and their kids thrown out of their house.

    I know its right what WW is doing, and everyones saying its right but in all honesty, would you want to move into a neighbourhood where you have had one of the locals removed, i know i wouldnt.

    I would try and get as much compensation as you can, but i would seriously have a good think about forcing the sale and then moving in.

    The neighbours could make you and your familys life a misery, or maybe the neighbours dislike them as much as you do, but i think its a big risk.

    You'll see earlier in the thread that this is WW family village and she has lived here before and has lots of friends here already who know her - the vendors do not.
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Welshwoofs I would donate to your fighting fund!! Somebody could organise a viral marketing campaign. :T
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • wisbech_lad
    wisbech_lad Posts: 295 Forumite
    Ugh. Well, IMHO, specific performance or accepting their current offer are the realistic choices to you. No point suing them for the 40,000, as unlikely they have it.

    For what its worth, I don't think going to court is stressful. I've been as a witness, a plaintiff, and a defendant. You just tell the truth, and the admin is all reasonably straight forward (especially if you have a competent lawyer). In all cases, the right verdict was reached (even the one where I was fined 200 pounds... well, I did plead guilty!)

    Sit down and write out your options, and the pros and cons of each, both financial and emotional

    Settle
    Sue for SP
    Sue for damages

    Yes, all are going to cost you more than you expectec, but that's life. Myself, I would go for SP. Not out of revenge, but because from what you have said, this house genuinely is the house that best suits you.

    As far as I can tell, if you sue for SP, and they go bankrupt, no issue. You get the house, but don't get back your costs. If you sue for damages, and they go bankrupt, you don't get your costs or the damages.
  • I've been enthralled by this thread too. If it were me and had the time and money I would pursue this all the way. In addition to wanting what I was legally entitled to I also wouldn't want to end up living in the same community as these people, which could easily happen for WW if she bought another house in the area.

    Good luck WW
  • silvercar
    silvercar Posts: 49,682 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    They have the money. They were buying a new build, you'd be lucky to get an 80% LTV mortgage on a new build so there is some money there. Also they are/ were selling their house, chances are they didn't have a 100% mortgage, so there will be equity in it.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • irishjohn
    irishjohn Posts: 1,349 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I am wondering how quickly you might run up £40K in costs to try and achieve Specific Performance. Have you set a maximum value you are prepared to lose in costs for a legal fight? I gather from your posts that the other side have not yet made a realistic offer to compensate you and maybe if you were to factor in the associated estimate of costs for the legal fees you could tell them the minimum you will accept.

    My other thought is whether there is any way you can ensure that if they succeed in pulling out of this contract with you, is there any way they can be prevented from selling to anyone else within say a three year period from the date of you agreeing to withdraw.
    John
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    irishjohn wrote: »
    I am wondering how quickly you might run up £40K in costs to try and achieve Specific Performance. Have you set a maximum value you are prepared to lose in costs for a legal fight? I gather from your posts that the other side have not yet made a realistic offer to compensate you and maybe if you were to factor in the associated estimate of costs for the legal fees you could tell them the minimum you will accept.

    My other thought is whether there is any way you can ensure that if they succeed in pulling out of this contract with you, is there any way they can be prevented from selling to anyone else within say a three year period from the date of you agreeing to withdraw.

    Probably not very quickly - legal costs defending and attacking pretty much balance - one letter replies to another etc..... the vendors would have to keep paying to fight it.... no insurance, legal aid or no-fee will touch this with a bargepole - so they'll have to self-fund it to keep going.

    I'd love to know what the presence of a UN1 would mean to a potential second vendor or other mortgage companies...
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