Buyer of my house is messing about

blondeblondie

What about suing for emotional distress or incompetence on whoever's part?

Doozergirl

It's an awful situation for you to be in and the reason that the majority wouldn't recommend exchanging and completing on the same day; unavoidable if your buyers are going for a 100% mortgage.

I'd try and contact your buyers directly. Data Protection laws mean that no-one else can really tell you anything. Don't get angry with them - they have you well and truly over a barrel, so I'd only curse them in private!

Doozergirl

blondeblondie wrote:

What about suing for emotional distress or incompetence on whoever's part?

It's the nature of the game, I'm afraid. Nothing you can do except co-operate and work towards a resolution.

Do you know the reason for exchanging and completing on the same day?
Your solicitor really should have pointed out the risks involved. You could make a complaint if you really weren't told, but getting people's backs up is not going to help you right now.

Seemingly useless advice but 'Love in, hate out' and all that.

blondeblondie

The guy is buying my house to rent out and the estate agent informs me that he is a "truly nice bloke" but when for some reason unbeknown to us, he is withholding our money, I can't accept that he is a nice bloke, if you get my drift? It has something to do with it either being leasehold or freehold, but surely this shouldn't have taken 6 days to sort out?

blondeblondie

blondeblondie wrote:

The guy is buying my house to rent out and the estate agent informs me that he is a "truly nice bloke" but when for some reason unbeknown to us, he is withholding our money, I can't accept that he is a nice bloke, if you get my drift? It has something to do with it either being leasehold or freehold, but surely this shouldn't have taken 6 days to sort out?

I understand where you are coming from with "love in, hate out" and all that, but this really doesn't help when you are in a situation that you are staying in a house that isn't really yours and you have two children under five and you have been guaranteed for the past the five days that this transaction was going to happen?

Doozergirl

It helps probably a bit more than trying to "sue whoever" though, doesn't it? The person at fault is your truly nice buyer and he, in law, owes you absolutely nothing.

I've had to move uneccessarily and am living out of boxes with two little 'uns because of some truly nice BTLers as well, so I kind of know how you feel, although at least I own this house. :O

It's a complete pain in the backside, but I would take the advice given above on the '48 hours or house is back on the market' and look to be moving back home for the meantime.

blondeblondie

Doozergirl wrote:

It helps probably a bit more than trying to "sue whoever" though, doesn't it? The person at fault is your truly nice buyer and he, in law, owes you absolutely nothing.

I've had to move uneccessarily and am living out of boxes with two little 'uns because of some truly nice BTLers as well, so I kind of know how you feel, although at least I own this house. :O

It's a complete pain in the backside, but I would take the advice given above on the '48 hours or house is back on the market' and look to be moving back home for the meantime.

Thanks so much and with two little uns myself I understand where you are coming from, but this doesn't help with the guys whose house we are buying who are moving to Cyprus and need the money to be through last week? Also we can't afford to hire the van for another six trips back to our old house!!

Searcher2

In retrospect it sounds like the solicitor is the one who has let you down. If the buyer is a buy-to-let person then he must be putting down a deposit so there should be no reason you should have had to exchange and complete on the same date. By letting your buyer do this your solicitor has left you exposed to the situation you are in now where you have no power. When things started to stick with my sale I got mad with my solicitor and threatened to pull out unless it got sorted (risk I know). Nobody seemed to be talking to anyone else and eventually I managed to speak direct to my buyer and got things sorted. Your solicitor should be able to tell you why the sale is not going through as agreed.

WestonDave

What practically to do -

1. Go to your solicitors office, wait to see him/her, get an explanation and critically get him/her to phone the other side in your presence and find out what is going on. Don't be fobbed off with "later" etc, wait until you have found out exactly what is happening. If nothing else the pressure of you in his office may prompt some action. You are paying him and are entitled to some service - this is not a time for being shy - don't get nasty just state clearly, simply but firmly that you need an explanation.

2. Go to your estate agents office and do the same - your EA is working for you and needs to earn his/her keep in this situation. Remember they have a vested interest in this deal going through as no deal = no commission.

All is not yet lost - it sounds like there is some issue over the underlying title to your house - you may own the house but you may actually lease the land on which it is built. That certainly needs to be clarified, but also there may be outstanding ground rent to clear and/or landlords consents to any improvements you may have done. It gets a bit messy and isn't a five minute job but can be sorted. It may be that you need a defective title insurance policy which will cost a couple of hundred max but will clear the problem.

Good luck