Chain broken down after exchange

Jaff.

HarryBarry wrote: »

No, you can't sue because you have agreed not to. You should have left the contract in place and then they would be breaching it.

You both agreed to rescind the contract. This puts you both back to the position you were in before the contract was signed - it's as if it never existed. So, there is no contract, therefore no one has breached anything.

If both people haven't agreed to rescind the contract, then you can sue them for breaching it. But in this case, you don't want the house anymore so I'd keep quiet - otherwise they can force you to buy the house or lose your deposit if the contract still exists.

Ill assume you grasped the sarcasm in that post and ignore the majority of your post, but yes you are correct I'm back to square one.

newsgroup_monkey

geoffky wrote: »

Jaff...It must now feel like you have had a lot of compo snatched away from you....I feel for you..

Here is a little story i was reading yesterday about someone suing and how unfair life can be sometimes..

http://www.bailii.org/ew/cases/EWHC/QB/2008/1685.html

Read that then ,,,Think..

Sorry, how in any way is a giving birth compensation claim relevant?

It's an entirely "he said, she said" and the side that won had way more documented evidence. If what the OP says is true (and I'm pretty sure it is), Couple #2 have breached contract. the OP has no contract or relationship with Couple #3.

Personally, as long as Couple #2 ensured that all my costs were refunded (surveys, solicitors etc.) then I don't think I'd be entitled to much else. We don't live in the US!

Out of interest, no-one else seems to have picked up - how does the EA for couple #2 (and potentially #3) feel? There could be another breach of contract not mentioned here.

Jaff.

Don't know, I haven't been nagged by them yet. Expecting it next week though.

I imagine number 3 will have to stump up costs lost by the estate agents too.

HarryBarry

Jaff. wrote: »

Ill assume you grasped the sarcasm in that post and ignore the majority of your post, but yes you are correct I'm back to square one.

And I'll assume you didn't understand my point.

You were being sarcastic, making it seem like you couldn't sue because it would be morally wrong. So I've replied telling you, regardless of whether it is morally right or wrong, you can't sue anyway.

And I'm not sure what you mean by you will ignore my post. Ok? But that's the answer. No you cannot claim a breach of contract, because you have already agreed to mutually cancel the contract - that is a decision made by both of you, if you aren't happy with this, why agree to it? It looks like you are happy though as you don't want the house. I can't understand why you think there is a case for compensation.

You are back to square one, which means you lose out on fees if your house purchase falls through, the same as the rest of England.

HarryBarry

newsgroup_monkey wrote: »

Sorry, how in any way is a giving birth compensation claim relevant?

It's an entirely "he said, she said" and the side that won had way more documented evidence. If what the OP says is true (and I'm pretty sure it is), Couple #2 have breached contract. the OP has no contract or relationship with Couple #3.

Personally, as long as Couple #2 ensured that all my costs were refunded (surveys, solicitors etc.) then I don't think I'd be entitled to much else. We don't live in the US!

Out of interest, no-one else seems to have picked up - how does the EA for couple #2 (and potentially #3) feel? There could be another breach of contract not mentioned here.

I agree, id ask for my fees paid in return for ripping up the contract that was exchanged and put it all down to bad luck. Or if I really wanted the house I'd give them some extra time to find a new place.

What you can't do though, is agree to rip up the contract and then later ask for some money. The elderly couple have made an offer, the op accepted (or vice versa). If the offer wasn't accepted then the contract remains, if someone breaches it then the other party can begin legal action.

As for the EA, i think they will get their money when the house sale completes, this will now be after a new chain is formed. Their contract with the people selling the house is of no real concern to the OP though. If the EA contract has been breached, I don't think it will be great for their reputation to sue considering these circumstances.

Jaff.

I understood your point, I know where I stand now as I was confused by a similarity between mine and welshwoofs situation. As it happens they are different now and It seems Ive been duped by my solicitor into agreeing something I didn't fully understand.

Either way I now know where I stand so inbetween the trees in here I have seen the woods. Not a complete waste of time posting on here

HarryBarry

Jaff. wrote: »

I understood your point, I know where I stand now as I was confused by a similarity between mine and welshwoofs situation. As it happens they are different now and It seems Ive been duped by my solicitor into agreeing something I didn't fully understand.

Either way I now know where I stand so inbetween the trees in here I have seen the woods. Not a complete waste of time posting on here

Ok that's cool, I thought you were saying you will ignore it as my point was invalid, never mind.

Yes, I would be unhappy at the solicitor as well - he should have made it clear the options were to agree to cancel it, or pursue them if they breach the contract. You have been unlucky and it is harsh what has happened, but still - you aren't the most unlucky person in this story.

Just to add - if you hadn't cancelled the contract, you would have had to be prepared to go ahead with the house purchase... Because what probably would have happened is you threaten to sue them for breach of contract, they get worried and let you have the house. They then move into rented and have the moral decision to make - do they pursue the dying cancer woman.

Jaff.

No and as Ive said many times I have masses of sympathy for the couple and her family, despite the stress I've been put through. But I'm still the bad guy when it's on the Internet because I'm also trying to look after my own family.

The solicitor I imagine will blame me for not asking if I didn't understand something so best chalk that one up to experience

Jaff.

I'd be happy to go ahead with the house purchase, it's the waiting I'm sick of. This purchase has been on off for months, living in limbo gets you down.

The reasons I'm happy not to Perdue it is because the new chain relies on a new build house being built in a longer chain. Plus the best house in February (the one I went for) isn't the best house now.

HarryBarry

Jaff. wrote: »

I'd be happy to go ahead with the house purchase, it's the waiting I'm sick of. This purchase has been on off for months, living in limbo gets you down.

The reasons I'm happy not to Perdue it is because the new chain relies on a new build house being built in a longer chain. Plus the best house in February (the one I went for) isn't the best house now.

Yeah, trouble is now with no contract in place any delay is just standard house buying delays and everyone is free to walk away should they wish.

Maybe check with your solicitor that the contract is officially cancelled? I'm assuming it is based on you stating it is rescinded (the definition of this is that both parties mutually agree), but I'm not sure what it takes to officially do this or whether you have done this (did u need to sign anything?) if the process of rescinding is not complete maybe you can change your mind and state you want to honour the contract in place and complete the purchase.

If they were to breach it and it got as far as a judge, I think he would see the cancer story as a good reason why there was a delay (so they can arrange for somewhere to live), but possibly wouldn't see it as a reason for them to flatly refuse to move or a delay for months (considering they have the option to rent and it only takes a few weeks to organise).