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Legal Recourse from Sale Cancellation before Exchange?
monkey_prints
Posts: 48 Forumite
Hello,
We were at the end of a house purchase where the vendor insisted time and again that we exchange and complete October 24th due to half term , this date was no use to us as we were moving 5 hours away and I was still working that week but we agreed, then the date came and went and her solicitors wouldn't provide a date for exchange, we were told early on in the sale (August) that they were ready to go and the house purchase they were doing was well advanced and we were the ones holding up the sale.
So the 24th came and went without any updates and the solicitors wouldn't give a date for exchange/completion, the vendor has so insisted on the 24th being the date that we had sorted a tenant out to rent our property from November 4th which left 2 weeks incase of any issues, except we got no word and so we asked our solicitor to contact their and ask for a completion date and to state that if we didn't have one we may have to pull out because we have a baby (which she knew about) and were about to be homeless (which she also knew well in advance) and they had not kept us in the loop.
She turned around te Wednesday before November 4th and said she didn't take kindy to being threaten and then refused to sell to us!! The house is still on the market and in reality it turns out she was buying a property which had planning issues which she was considering cancelling but her e mail was to make it sound like it was our fault and that not she wasn't selling anymore but that in fact she just won't sell to us!
We were then homeless, had to rent a van and storage unit, pay for hotels and petrol to go to Wales (where we want to live) which cost over £150 return and now have to pay rental fees and other varies fees due to the cancellation, do we have any way that we can make them pay this?
And yes I realise that we didn't exchange but this isn't just a sale collapse it's a prejudical malice thing she has done knowing that as a consequence a couple with a baby would have no place to live and extra bills to pay on top because of her choices! And I'm not looking for huge amounts of money just money to cover all these mounting costs that are taking away from our deposit that we will need when we do find a house!!
We were at the end of a house purchase where the vendor insisted time and again that we exchange and complete October 24th due to half term , this date was no use to us as we were moving 5 hours away and I was still working that week but we agreed, then the date came and went and her solicitors wouldn't provide a date for exchange, we were told early on in the sale (August) that they were ready to go and the house purchase they were doing was well advanced and we were the ones holding up the sale.
So the 24th came and went without any updates and the solicitors wouldn't give a date for exchange/completion, the vendor has so insisted on the 24th being the date that we had sorted a tenant out to rent our property from November 4th which left 2 weeks incase of any issues, except we got no word and so we asked our solicitor to contact their and ask for a completion date and to state that if we didn't have one we may have to pull out because we have a baby (which she knew about) and were about to be homeless (which she also knew well in advance) and they had not kept us in the loop.
She turned around te Wednesday before November 4th and said she didn't take kindy to being threaten and then refused to sell to us!! The house is still on the market and in reality it turns out she was buying a property which had planning issues which she was considering cancelling but her e mail was to make it sound like it was our fault and that not she wasn't selling anymore but that in fact she just won't sell to us!
We were then homeless, had to rent a van and storage unit, pay for hotels and petrol to go to Wales (where we want to live) which cost over £150 return and now have to pay rental fees and other varies fees due to the cancellation, do we have any way that we can make them pay this?
And yes I realise that we didn't exchange but this isn't just a sale collapse it's a prejudical malice thing she has done knowing that as a consequence a couple with a baby would have no place to live and extra bills to pay on top because of her choices! And I'm not looking for huge amounts of money just money to cover all these mounting costs that are taking away from our deposit that we will need when we do find a house!!
0
Comments
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I feel your pain you emphasis on having a baby while important to you has no relevance I have had many many house sales and purchases and would never assume anything until the solicitor tells me that I have exchanged until then you are on rocky ground
Sorry bit my understanding is you get nothing!0 -
Sorry but no you're not entitled to anything.0
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I'm afraid that is th only relevant statement in your post.And yes I realise that we didn't exchange
Sorry.0 -
In order to get compensation you would have to prove that you entered into a binding agreement that the other party then broke, causing you financial loss.
Unfortunately, you didnt get to the point of signing the contract.0 -
ruggedtoast wrote: »In order to get compensation you would have to prove that you entered into a binding agreement that the other party then broke, causing you financial loss.
Unfortunately, you didnt get to the point of signing the contract.
What about the verbal agreement? And I have e mails from her about it too
(thanks for your replies)0 -
No exchange of contracts means there was no legally-binding commitment on either side. Disappointing I agree but you have no recourse.0
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