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Seller refuses to pay indemnities

Our seller refuses point blank to pay indemnities due to his not having the necessary docs for an extension and other missing particulars.

The seller has been the one insisting on a quick sale so the irony that this is all causing delay is not lost on us. He's threatened to pull out of the sale if we don't complete by next week.

Bearing in mind the seller is upping sticks to go back abroad once the sale goes thru, our chances of suing him for our lost fees if he does pull out are remote. He isn't relying on the sale of this house as it's inherited.

It all seems damn unfair that he not only gets all of the money for the house, but also gets to wash his hands of the whole responsibility of not having the correct permissions, etc. and we are forced to cough up even more money :mad:

Our solicitor is giving it one last go and trying to get him to pay, but says that it's unlikely.

Should we call his bluff? Or just 'take our medicine'?
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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dollydiva wrote: »
    Our seller refuses point blank to pay indemnities due to his not having the necessary docs for an extension and other missing particulars.

    The seller has been the one insisting on a quick sale so the irony that this is all causing delay is not lost on us. He's threatened to pull out of the sale if we don't complete by next week.

    Bearing in mind the seller is upping sticks to go back abroad once the sale goes thru, our chances of suing him for our lost fees if he does pull out are remote. He isn't relying on the sale of this house as it's inherited.

    It all seems damn unfair that he not only gets all of the money for the house, but also gets to wash his hands of the whole responsibility of not having the correct permissions, etc. and we are forced to cough up even more money :mad:

    Our solicitor is giving it one last go and trying to get him to pay, but says that it's unlikely.

    Should we call his bluff? Or just 'take our medicine'?

    How much do you want to live in the house?

    What is the sum involved?
  • Conrad
    Conrad Posts: 33,137 Forumite
    10,000 Posts Combo Breaker
    "Should we call his bluff" you ask.

    Well to answer that we'd need a detailed knowledge of his personality so any 'advice' will be meaningless guesswork here.
    It's akin to asking you whether you think my Mom will overcome her fear of heights!

    No offence, but you need to come to a decision and go through with it.

    If you really want the property that bad you will buy it, end of.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    how much are we talking about here?
  • dollydiva
    dollydiva Posts: 302 Forumite
    Conrad wrote: »
    "Should we call his bluff" you ask.


    No offence, but you need to come to a decision and go through with it.

    If you really want the property that bad you will buy it, end of.

    Of course both these points could be levelled at the seller: make a decision (to withdraw or pay) and 'how badly do you want to sell?';)

    It just appears to me to be completely unfair: it's not a matter of cost, it's the principle
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    dollydiva wrote: »
    it's not a matter of cost, it's the principle
    Walk away then.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    opinions4u wrote: »
    Walk away then.

    I concur with O4u.

    Not sure what bearing the fact that the vendor has benefited from the inheriting the property has either.
    Bearing in mind the seller is upping sticks to go back abroad once the sale goes thru, our chances of suing him for our lost fees if he does pull out are remote. He isn't relying on the sale of this house as it's inherited.

    House sales do fall through for a number of reasons. Recovery of fees and costs is highly unlikely. Suing is at best uneconomic with no certainty of the outcome.

    Why not try and compromise by meeting in the middle? Better than both parties taking entrenched positions that benefit no one.
  • dollydiva
    dollydiva Posts: 302 Forumite
    Thrugelmir wrote: »
    I concur with O4u.

    Not sure what bearing the fact that the vendor has benefited from the inheriting the property has either.



    House sales do fall through for a number of reasons. Recovery of fees and costs is highly unlikely. Suing is at best uneconomic with no certainty of the outcome.

    Why not try and compromise by meeting in the middle? Better than both parties taking entrenched positions that benefit no one.

    The reason I mention the fact it's inherited is that the sale is pure profit for him so you might have thought that he'd see the point in coughing up in order to get his big fat pile of money...
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dollydiva wrote: »
    The reason I mention the fact it's inherited is that the sale is pure profit for him so you might have thought that he'd see the point in coughing up in order to get his big fat pile of money...

    Maybe the sellers intransigence is due to the way the whole sale process has been conducted.

    The seller knows that you've run up considerable bills so are unlikely to pull out now.

    Personally I'd say he holds the upper hand.
  • KittyLady
    KittyLady Posts: 103 Forumite
    We had an issue needing an indemnity insurance over an extension too, in our case the seller offered to pay half and our solicitor told them that since it was their fault they should pay. Honestly I love the house and if they'd refused, I'd have sucked it up and paid it. We're talking £104, hardly worth losing the house of our dreams. If you love the house, are your principles that important?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Turn it back on him. Get quotes for the required insurances and drop your offer via your solicitor. He is then the one who has to walk away.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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