Threatening letter from unsuccesful buyer

Londonsu

We put our flat on the market last year and had an offer within 4 days, our buyer the messed us around big time so we put it back on in Jan 2010

We had another offer within a week which was 10 grand less, we accepted it but made it very clear that we were not going to take it off the market.

The second buyers moved very quickly and sent a surveyor round the week after, however the day after the surveyor came our original buyer decided to stop messing about and agreed to exchange contracts, so obviously we went for that as it was 10k more and it meant that we wouldnt lose the house we wanted to buy.

We did asked the EA not to let the second buyers know until we had exchanged contracts with the first buyer incase something went wrong.

After exchange our EA asked if we would pay the unsuccesful buyers costs, I know it sounds mean but we had so much stress and added expense including missing out on the SD holiday due to our buyers delays, our buyer wanting bits of furniture which we would have to replace and using our savings to live on as we were both out of work and further expense due to the leaseholders sltrs that I felt we were being used as cash cows by everyone and said no, we asked our sltrs if we were legally required to do this and he said no.

A month ago we got a letter ( sent to our new address ) from the second buyers asking for 5,000 we sent a letter back saying we could not do this.

A second letter came today, they have found out that we bought our new place with cash from the sale of our flat, and even found out how much we bought it for, I will spare you all the details, but we have been called greedy nasty people who are doing FTBs out of their hard earned money, and basically we owe them this money and without it they cant buy another property etc etc.

I understand they are upset and dont really want to get my sltr involved but we cant let this develope.

I am also not sure who they got all our details, can you find this info on line or would have have only got the information from the EA, if thats the case I am going to have a hard word with them

Got to cut and run but any help whould be appreciated

Doozergirl

Did they know they were in a contract race? Your solicitor should have told theirs that another contract had been issued.

You might not have to pay their costs but I think you treated them without respect. Considering that you are nearly £10,000 better off, then offering to pay back their valuation fee might have softened the blow for them. I don't think you should have written back to them - no doubt whatever you think it said, you've got their heckles up.

Missing the SD deadline is one of those things - it was always going to happen to some people. Nobody can time a purchase and leasehold properties are well known for taking longer.

I don't condone their behaviour (I'm afraid I don't really condone yours either). £5000 is an obscene amount of money - they haven't incurred anywhere near that much. Is it abusive enough to think about taking the letter to the police?

nervousftb_3

As your solicitor said, you have no obligation legally to pay this money. That is the risk of housebuying in this country, you can spend money on solicitors/mortgage fees etc only for it all to fall through. Where did they get the figure of £5000 from? This seems a lot for them to have paid out. In any case, I would simply ignore their letters, or if it continues then have a word with your solicitor and he can send them a letter telling them to stop harassing you.

ILW

There is no legal obligation from either side until exchange.
You do seem to have been rather nasty to your potential buyer but that is something I am sure you can live with.
Where have they got the £5000 from? A survey costs a 10th of that.

poppysarah

What expenses did they have? Did you allow a survey to take place?

As politeness you could offer to pay that but nowt else.

Until you've exchanged it's ALL on your own risk.

I'd ignore it or report them to the police for harassment and also ask where they got the info from.

keith969

Londonsu wrote: »

We did asked the EA not to let the second buyers know until we had exchanged contracts with the first buyer incase something went wrong.

And how would you have felt if the people you were buying from did the same to you? Sorry, but I don't have a lot of sympathy for you - if you treat people like !!!!!!, expect to get the same back.

Doozergirl

When did you start the lease extension process on the unmortgageable property you were selling? And when did that come through?

amilieval

Tell them that you are going to report them to the police for haressment (I hope you keept the letter). Also that you are going to investigate who give ti them your new address and you are intending to sue both sides for givig and using that information to blackmail you and also for detraction.
If they can threaten you so you can too. I hope this will be enought to leave you alone.

olias

A house sale is a business transaction, pure and simple. While I would not condone deliberate malicious actions, the OP simply made descisions based on maximising the chances of a sale, and maximising the price they got.

I'm sure these disgruntled buyers would not have worried about asking for more money off etc etc if the survey had turned up problems, or even pulling out of a purchase and causing the OP to lose a property they were going for if it made financial sense to them

Olias

Bettie

I would not have allowed a situation to occur where someone spent money (solicitor, or survey) and then had no chance of buying.
I would have to pay those costs back to them or feel very guilty but then I am a softie.

princeofpounds

You have no legal liability to repay the money. It's up to you whether you feel a moral obligation. You certainly treated them unfairly by witholding information that would have influenced their decisions.

£5000 seems far too high as a realistic estimate of costs. It would put me less in the mood of compensating them as it would appear they are trying it on.

They just got the price you paid for the new place from the land registry data probably, it's all public knowledge.

How they got your address is another question.

They are not guilty of harrassment for sending a letter, any complaint would be frivolous. There has to be a repeated course of action for that.

I suggest not replying, or if you do tell them that you do not consider that there is anythign further to discuss and direct all future correspondance to your solicitor.

Don't be surprised if you end up with a scratch in the car or a broken window though, make sure your insurance is up to date.