Worthless Vendor

msharron

Help - advice needed.

So myself and my wife wanted to buy a house/flat.
We got a mortgate. Found a flat in desired price range.
We made an offer, were accepted. That is where the problems started.

We engaged a solicitor / estate agents.
We paid the legal fees and arranged a buyers survey. Total cost about £1000.

The vendor / owner of the property we intend to purchase from has failed to respond to any of our queries raised in the survey or land registry checks.

He has failed to provide his own solicitor with any informatation.
My wife is pregnant and we negotiated the price of the property based on the promise of a quick sale and no chain.

We have now lost all confidence in the Vendors intention to sell and we are wondering what we can do. We have essentially wasted a lot of money and time, since my wife is now 3 days past her due date.

This has left a very bad taste in my mouth- is there anything I can do to pass the costs I have incurred to the vendor of the property as it has become quite clear is wasting everyones time and has no intention / never had any intention to sell.

Bananamana

Unfortunately no - unless your solicitor works on a no complete no fee basis you've lost part of your legal fees. Suvrey is obviously a loss as well.

You may be able to "sell on" some of the searches to any new buyer's looking to purchase the property. Obviously if you are pulling out let everyone know sooner than later to avoid any more costs.


Sounds like an awful situation

DVardysShadow

Write to his agent and let them know that you were an able and willing purchaser, but this has forced you to pull out.

With any luck, he will have to pay the Agent's fee.

msharron

Why can I not pursue him in the small claims court for damages? e.g. Reliance Interest - interest created based on reliance on contract or promise?

chewmylegoff

you can pursue him in the small claims court. you just won't win because there is no contract or promise. for the same reason you could withdraw your offer and walk away and he would have no recourse against you.

your best option is to attempt to progress the sale, by ringing the agent and getting your solicitor to liaise with his. perhaps threaten to withdraw your offer if certain demands are not met by x date.

msharron

there's no justice in this world.