Exchanged but can't complete - serious mess

Richard_Webster

FTB_Newbie, I don't think you are liable. Richard knows what he's talking about and assuming everything you've written is correct you are not liable.

Yes, but I didn't know the latest information about there being some hint about it in the HIP - some other wording of the contract might just give the seller a let out....

Even if technically you were in breach I think it would be your solicitors that are liable for any costs as they appear to have been negligent.

Good luck on getting this sorted out

I would be speaking to my sols and asking very simple questions that they can only give a yes/ no one word answer to.
e.g Have we completed?
Is the vendor or buyer liable for the breach?
Have you been negligent?
Has the vendors solicitor been negligent?
Should I be instructing another solicitor?
If they won't speak to you on the phone get down to their office and insist on speaking to them...

That's right. They might not speak to you if they think they have been negligent for fear of admitting something that their insurance company would rather they didn't admit but they do have to protect your interests by e.g. suggesting you consult another solicitor, which is code for "We think we might have been negligent....."

G_M

We don't have any more information on the application, as we weren't made aware of it.

So you've not seen the Application/Notice? Even though you say it's on the HIP? And available from the Land registry for £4?
I'd be doing everything I could to understand the situation in your position.

FTB_Newbie

They've served notice to complete, we can't complete, mortgage company won't realise the funds because of the application. Our solicitor is saying they can't serve notice. Currently in 10 days time, I stand to lose my live savings... Which I guess I then have to sue my solicitors to claim back.

The vendors have sold under fault pretenses - mispresentation, yet I'm the one that is going to lose out?

Don't know where to go from here...

RabbitMad

Does your house contents insurance have leagal cover included? If so I'd be giving them a call.

If not I would be asking my sols - Should I be speaking to another solicitor?

G_M

G_M wrote: »

I'm guessing it's an AN1? (Application for Notice)

Applied for under which eligability (section 9)?

Can you post details of the Application?


Imposible for anyone to comment till you provide more info.

So you've not seen the Application/Notice? Even though you say it's on the HIP? And available from the Land registry for £4?
I'd be doing everything I could to understand the situation in your position.

FTB_Newbie

Just wanted to post a belated update on this - we did eventually complete, a week late. The third party removed the application for the notice, after lots of persuasion from our vendor’s solicitors. As far as know the vendor and her ex are still in a legal battle.

Our solicitors agreed to pay our additional costs, while not admitting it was their fault. I can honestly say this move was the most stressful thing I've ever done! Just been getting on with home ownership, decoration and burst pipes! Thanks to everyone on here for their advice.

Ulfar

Congratulations, now you can relax in your new home.

beccad

Good to hear that it all got sorted out eventually. Sounded like a nightmare!

RabbitMad

good job I was sitting down - People coming back to update us on their story is virtually unheard of. Many thanks OP!