How to ask the vendors for lost fees?

vansboy

missk_ensington wrote:

She bought a flat once and found 'swingers' equipment in cupboards. By coincidence she ended up in court with him for mis-rep and embroidered her Witness Statement with tales of a 2 foot inflatable penis.

As long time Swingers, can't say we've ever had anything like that in our cupbords!!

Was there anything else - possibly be interested in making an offer (on the equipment - not the property!!)

VB

poopscoop

missk_ensington wrote:

I'd write a letter and send it to the Vendors, you cannot be sued for writing a letter someone doesn't like! My Mum has a law degree and a property company, and two go hand in hand. She bought a flat once and found 'swingers' equipment in cupboards. By coincidence she ended up in court with him for mis-rep and embroidered her Witness Statement with tales of a 2 foot inflatable penis. It made the judge laugh anyway!

:rolleyes: You don't need a law degree to know that. You can just put "without prejudice" on it.

Bossyboots

poopscoop wrote:

:rolleyes: You don't need a law degree to know that. You can just put "without prejudice" on it.

A without prejudice letter can still be produced to the court so this is a risky thing to do. It does not offer you protection to allow you to write what you like.

ffacoffipawb

madfrenchgirl wrote:

Hi guys,

As my sig says, our vendors pulled out on us, leaving us dry of 3 months of our time and energy and 850 pounds of our hard earned cash.

We know that they are not obliged to refund us jack, but there is nothing to lose in asking, is there?

Problem is our sh1tty sollic refuses to write the letter for us. My boss has advised me not to send the letter to the vendors directly as they could take me to court if they did not like any of the words written down. If we write a letter and give it to our sollic, then they will have an obligation to go though it and double check it: another failsafe in case the vendors "dont like it".

Now, we dont have a clue as to where to start... Since this situation is quite common, does anyone have experience in writing such letters?

Any help would be most welcome.

When the people we were buying from decided to stay put 2 years ago, we lost our survey fees and as we could find nothing else, we had to let our buyers down.

Two hours after telling our estate agent, our buyers were at the door threatening violence if we did not reimburse them (the fact that we were out of pocket too vut no ice).

Abyway, we told them to eff off and advised the police of their threats. We never heard from these !!!!!! again.

poopscoop

Bossyboots wrote:

A without prejudice letter can still be produced to the court so this is a risky thing to do. It does not offer you protection to allow you to write what you like.

so what's the point in writing "without prejudice"?

Without prejudice
Definition

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

silvercar

I can't find the letter we wrote but it went along the lines of,

we were very disappointed........everyone has their personal reasons.....as well as feeling let down we are financially worse off....acted in good faith...other circumstances........feel it only fair to ask you to make a contribution to the costs we have incurred.........best wishes for the future.......

Jorgan_2

Bossyboots wrote:

While it is true HIPs wont stop this situation, they will mean that the buyer loses less money when it does occur.

In my opinion the majority of buyers will still loose, some if not more money in this situation. A HIP for a 'normal' freehold property is going to be about 100 pages thick, for a leasehold property it could be upto 250 pages. The majority of buyers will need to employ a solicitor to advise them on the contents of the pack, they may want to employ their own surveyor, depending on what they read in the condition report. 80% of homebuyers don't have a survey, the majority rely on a mortgage valuation, which is quite often free of charge.