Buyer misrepresented his position - can I sue?

reehsetin

'If you want to complain about a solicitor that has worked for someone else then please contact the Solicitors Regulation Authority on 0870 606 2555.'
http://www.lawsociety.org.uk/choosingandusing/redressscheme.law

Premier_2

money_bag wrote: »

... I know what exchange of contracts are.

Sorry, but your previous posts suggested otherwise

money_bag wrote: »

I do not want to sue for a break of contract...

What do you want to sue for then??? :huh:
Or is this just an opportuntistic question?

It's your house and you can sell to whoever you want. If you don't like a particular buyer for any reason, you always have the opportunity at any time (until you exchange contracts) to turn them away.

DVardysShadow

money_bag wrote: »

... Like I said, it turns out this guy lives with his old mum, he has no wife, and no, not because she died, because he is a lieing POS.
There is something that reeks about all this.
Checks were made, does anyone know of a more concrete way for an EA to check someone's position than a letter from his solicitor confirming in writing he is proceedable?
Remember this man did NOT just 'change his mind', he is a nuisance who never had any intention of purchasing, but instead compounded lie after lie to keep this merry dance going, causing us considerable cost, and all the other parties involved. Alot of people are VERY upset.

Hmm. You are angry - and possibly not with the right people.

Besides the letter from the solicitor, a good indicator is that the buyer actually does something and spends some money on a survey. For it to reach April with nothing having happened since December means that you and your buyer and your respective agents have been asleep on the job.

I suspect that this could be sufficiently extreme that you might be able to haul the guy through the small claims court and claim some costs for a vexatious purchase - and actually win something. But the weak part of your case would be that you let it go on so long and you could find damages to be trivial relative to the cost and effort of mounting the case.

m_13

My sister and her husband accepted an offer on their house from a man who was inheriting money and so was a cash buyer. He kept coming back to see the house with various family members and friends, measuring up etc. Then after weeks of waiting and slow progression (but not really any) he changed his story and said he was taking out a mortgage so they started again on that basis. On and on it dragged and they didn't really want to lose him but eventually asked for advice and we suggested they cut their losses, give him a realistic date to exchange by or it would go back on the market. He wasted more time up to the date but didn't exchange, they put it back on the market and received an offer from new people who were living in rented just around the corner but who weren't in a position to offer the first time it was marketed. They paid more than the first man, exchanged quickly and completed. Unfortunately in the meantime they lost the house they were buying and ended up living on his mum's drive in a caravan but that's a whole other story.

You are likely to spend and waste more energy chasing this person. Make sure your agent knows that they are a timewaster and make the solicitor complaint if you wish but anything else and he's still giving you the run around!

Running_Horse

No. Yeah, but. No. Yeah, but. No. Yeah, but.

There was another similar discussion recently where the OP did not like the advice given.

Didn't make the advice any less valid.

Let it go, and get on with your life.

betmunch

money_bag wrote: »

Checks were made, does anyone know of a more concrete way for an EA to check someone's position than a letter from his solicitor confirming in writing he is proceedable?

We get tons of grief for trying to do just that!

I hope you will recount your story in the next few threads about how people want to avoid proving they are proceedable to the EA they are buying from.

In response to you questions, I believe you have can sue, but will lose. Sorry, but thats the system we have.

catfish50

betmunch wrote: »

We get tons of grief for trying to do just that!

People aren't sure whether they should reveal their personal information. It's reasonable to be cautious. See the thread at https://forums.moneysavingexpert.com/discussion/3150526

DVardysShadow

betmunch wrote: »

We get tons of grief for trying to do just that!

I hope you will recount your story in the next few threads about how people want to avoid proving they are proceedable to the EA they are buying from.

The real problem is how do you prove someone is 'proceedable'. Demanding a utility bill and bank statement is just the NuLabour Stasi approach to proving identity. OK, you prove identity and you prove funds in the bank - and even income. But how do you prove someone is actually motivated to see a purchase though? You won't get many clues from a utility bill ...

Best off with the old fashioned see whether they do anything like get on with the survey method.

betmunch

catfish50 wrote: »

People aren't sure whether they should reveal their personal information. It's reasonable to be cautious. See the thread at https://forums.moneysavingexpert.com/discussion/3150526

Just read that thread!

That EA is taking the p**s, none of that is necessary!

A buyer needs to be able to show they have the ability to proceed (intention is not something that can be checked!) if they cannot/will not then this should explained to the Vendor who should then make the decision on whether to accept their offer or not.

EA's that do it wrong only increase suspicion on the EAs that do it right! (And give the good ones a bad name!)