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verbal offers.. obligation?

Hi,
Quick question. If i put in a verbal offer on a house and get it accepted then the mortgage application falls through, am i under any obligation to somehow still pay for the house? if its still just a verbal offer? with nothing signed?
im just a bit panicy now that if i get an offer accepted then get turned down for the mortgage that i'll be expected to pay for the house with no mortgage (ie no chance!)
Buying in Scotland, if that makes a difference,
Thank you!

Comments

  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    No clue about Scotland but in England and Wales a verbal agreement for a contract can be binding, particularly if goods are supplied and acceptance of the terms incur losses for the supplier (what would happen if you ordered food and wine in a restaurant then said for no reason you didnt want it when it came out?).

    If you're that worried about it just make sure you say "subject to mortgage approval" or something like you would do in writing.
  • maginot
    maginot Posts: 484 Forumite
    Part of the Furniture Combo Breaker
    No, for house purchases it is only an offer that you can withdraw at any time until you exchange e.g. Sign contracts.
    You have not made a verbal contract, just a potential offer.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    No clue about Scotland but in England and Wales a verbal agreement for a contract can be binding, particularly if goods are supplied and acceptance of the terms incur losses for the supplier (what would happen if you ordered food and wine in a restaurant then said for no reason you didnt want it when it came out?).

    If you're that worried about it just make sure you say "subject to mortgage approval" or something like you would do in writing.
    Not for property. But do say 'subject to contract'
    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
  • motherofstudents
    motherofstudents Posts: 1,358 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Might help if you read up on buying and selling houses. It's not rocket science but it will help you to know what is involved and smooth the process. There are several books available, including one by Kirstie and Phil and of course there's always the internet !
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A verbal offer in Scotland isn't an offer. You make offers in writing via your solicitor, in a standard legal form.

    "Every offer for the purchase of property, to be valid, must be in writing and should observe the formalities of Scottish law. .....

    Offers should never be made in writing without obtaining professional advice. It is for this reason that solicitors normally submit offers – in a missive format – on behalf of buyers. However, there is nothing to prevent the seller and the proposed buyer negotiating and discussing the terms of the proposed transaction more informally through the estate agent; the buyer cannot be held to a verbal offer, but nor is the seller bound by a verbal acceptance."
  • greenface
    greenface Posts: 4,871 Forumite
    Mortgage-free Glee!
    why not get a figure approval first saves wasting your and the sellers time. I have been a seller and accepted a mortgage befor ethe people struggled for ages trying to then get a mortgage. Time wasting along the way.
    :cool: hard as nails on the internet . wimp in the real world :cool:
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