Chain broken down after exchange

greenface

Jaff. wrote: »

Take the cancer element out of this story and I guarantee attitudes would be different.

Your so right here as yours should be . If you say they dont want to sell anymore no reason . There would be a hundred of sue the !!!!!! here,from me too. Then you find out there is a reason . Its a serious illness that could be over before completion . Then attitudes are going to change . You have just discovered someone or yourself are in serious health . With a few weeks left to live . I cannot see you saying i cannot die yet we have to move . Other people are waiting to move in .. But nows the luck chance to move on after exchange after the mess thats gone on without penalty to yourself . Good luck to you but emotions are a big part in peoples life . Yours too . Just that its not your problem doesnt mean its not a problem .

pops5588

POPPYOSCAR wrote: »

As far as I am aware you cannot force a sale because you have exchanged contracts.

This is the thread that Jaff is talking about. The only similarity between the two cases is that both had exchanged.

https://forums.moneysavingexpert.com/discussion/1806123

They were informed by their solicitor that they definitely were in a position where they could force a sale, although they did not do this in the end. Was a long time ago though!

dj.boz

I am just confused on why you dont want to move into the property? Has the situation made the house your where trying to purchase 'sour' or genuinly have you decided that it just wasnt for you?

Guest101

POPPYOSCAR wrote: »

When we once thought we might be in that position our solicitor told us that even if we went to court we could not force them to sell it to us, all we could do was sue for breach of contract.

Your solicitor gave you bad advice, it has happened plenty of times, that the sale is forced through, at the original price, even years later. When the prices have increased.

It is your house in all but holding the keys.

Thrugelmir

POPPYOSCAR wrote: »

As far as I am aware you cannot force a sale because you have exchanged contracts.

You are committed to the purchase. Therefore would forfeit the deposit at the very least. Likewise the vendor would be liable for damages.

quotememiserable

POPPYOSCAR wrote: »

our solicitor told us that even if we went to court we could not force them to sell it to us, all we could do was sue for breach of contract.

I'm still interested in this point. I think the solicitor is correct - the law doesn't really force you to do anything, just sets penalties if you do them. You can't be forced to enact any contract, but you can be sued for failing to do so.
Come to that, the law doesn't stop you from killing people. It just sets a penalty if you do it.

JencParker

penguingirl wrote: »

I've just read this thread and it seems like people aren't realising that the OP was never suggesting they sue the vendors with cancer. They had no contract with them as there was a couple between them in the chain- and it was that couple who wouldn't consider moving into rented/ staying with family when their own sale fell through.

You are right, but in demanding compensation from the elderly couple 2, he is putting them in the position where they will have to pay him AND loose out themselves with their sale or be forced to sue the lady with cancer.

He may have the right legally to do so, but morally it stinks. I hope he never has to go through something like couple 3 are, and if he does, that he has more compassionate people around him.

JencParker

dj.boz wrote: »

I am just confused on why you dont want to move into the property? Has the situation made the house your where trying to purchase 'sour' or genuinly have you decided that it just wasnt for you?

The clue could be in this comment -

plus the market has changed now and there are potentially better houses out
there

Jaff.

JencParker wrote: »

You are right, but in demanding compensation from the elderly couple 2, he is putting them in the position where they will have to pay him AND loose out themselves with their sale or be forced to sue the lady with cancer.

He may have the right legally to do so, but morally it stinks. I hope he never has to go through something like couple 3 are, and if he does, that he has more compassionate people around him.

Who's demanding anything?

All I've done is ask. Morals or not I just want to know what I'm entitled to. If everyone stopped taking the moral high ground here and actually read what I'm posting maybe you'd all understand a bit better.

Not once have I said I want to sue anyone...

HarryBarry

The contract has been rescinded. That means you have mutually agreed to cancel it? Therefore you are asking if you can claim compensation for something you have agreed to.

If you wanted compensation, it's a bit late now. When you had a contract in place, you were in a good position to make demands in return for cancelling the contract. Unlucky.

Also, the contract is between you and the elderly couple. The fact someone further up the chain has cancer is probably irrelevant to you. You have a contract with the elderly couple, therefore you can force them to move or you can mutually agree to cancel the contract - possibly in exchange for money, but in this case it looks like you have done it for free. How very decent of you, I'd have claimed a bit of money myself. Although pursuing money would probably have seen the elderly couple move into rented if they really had to.