Seller failing to complete on sale of flat - Help!

Dan-Dan

From my point of view , i cannot honestly believe you havent backed out of this sale , there is ALWAYS another property , and if your in parents , at least you are lucky enough to be able to hopefully deal with the losses so far , back out and sue!

mrs_mi5tery

Well, thanks G_M, I guess we're gullible and foolish then. Not attributes I'd like to have, therefore, lesson learnt. Definitely will not be making that mistake twice!!!

Dan-Dan: we've not backed out because there is not another property in that school catchment with that many bedrooms at that price. You'd have to double what we are paying for the next option, moving from a flat on lease to a house with freehold, so it doesn't even qualify as the same type of property. It simply does not exist.

Yes we are with parents, but it is not an ideal situation. We need to move because we cannot be with parents much longer. The whole reason we are moving is because of our current living situation not working anymore.

**********

With regards to the tenants signing that they have surrendered their AST, does only the lead tenant [ie, the only one who's name is on the rental agreement with the vendor] have to sign this or do his sub-lettees also need to sign?

kmmr

Can't offer much help, other than to say it's a tough situation! I think G_M's post is correct, but it is all easier to say in hindsight.!

I'd get the surrender signed by everyone. But, I am not a lawyer.

And on that note - I would suggest you think about getting another lawyer involved if this goes on much longer.

Most conveyancers won't see many of these in their whole career, and may just advise you to rescind the contract - as was discussed on this forum recently. But you should decide what you want, and ensure your solicitor is acting to get the result YOU want, not just what is easiest.

mrs_mi5tery

kmmr wrote: »

I'd get the surrender signed by everyone. But, I am not a lawyer.

This was my thought too, but I'm not sure if the other two tenants have any rights to the AST to begin with

kmmr wrote: »

And on that note - I would suggest you think about getting another lawyer involved if this goes on much longer.

Most conveyancers won't see many of these in their whole career, and may just advise you to rescind the contract - as was discussed on this forum recently. But you should decide what you want, and ensure your solicitor is acting to get the result YOU want, not just what is easiest.

Would I still be looking for another conveyancing lawyer though? One with experience in worst case scenarios? Basically, I'm not sure what type of lawyer I now need to go forward from here. Thansk for the help!

Guest101

Contract law. That's the basis for this now.

As for the surrender, get everyone to do it. They still have rights, whether it's as lodger's or not. (lodgers are alot easier to remove, BUT it can still be difficult in some circumstances)

G_M

mrs_mi5tery wrote: »

This was my thought too, but I'm not sure if the other two tenants have any rights to the AST to begin with

Better to have too many signatures than too few......

I did not mean to be insulting (I get ticked off periodically for bluntness), just wanted a clear message to others in your position in the future.

:kisses3:

mrs_mi5tery

G_M wrote: »

Better to have too many signatures than too few......

I did not mean to be insulting (I get ticked off periodically for bluntness), just wanted a clear message to others in your position in the future.

:kisses3:

LOL, that's fine, I'm fairly sure that given the circumstances I'm being more sensitive than I would be otherwise! That being said, I don't disagree with your amendments... as advise for other buyers. Unfortunately, no help to us now!!

I also agree about too many signatures better than too few

UPDATE: Just spoke to the solicitor, she wants to get in touch with the Vendor's solicitor to see what they are saying as she reckons they probably don't even know half of the story.

I'm thinking contract lawyer needed now, she does seem a bit hesitant regarding the next step.

Another question: how does one go about securing the consequential losses being incurred by us? The interest per day is deducted from the funds the Vendor's solicitor holds and is returned to us, but how do we get our losses?

kmmr

mrs_mi5tery wrote: »

This was my thought too, but I'm not sure if the other two tenants have any rights to the AST to begin with

But I guess you are learning there are legal rights, and then there is reality. If they don't agree, and stay - then you legally are in the right - but you are not yet able to be in your home!

The law works slowly, so I'd focus on getting them all to agree to leave, in writing, regardless of what the letting agent or vendor may say about their legal rights.

mrs_mi5tery wrote: »

Would I still be looking for another conveyancing lawyer though? One with experience in worst case scenarios? Basically, I'm not sure what type of lawyer I now need to go forward from here. Thansk for the help!

Not sure. I'd google property lawyer, your area, and 'fail to complete'. Ask when you speak to them what they advise, and try to choose someone who seems to understand there is a balance between being legally right (and suing everyone) and getting what you actually want - which is the house.

G_M

mrs_mi5tery wrote: »

I'm thinking contract lawyer needed now, she does seem a bit hesitant regarding the next step.

Another question: how does one go about securing the consequential losses being incurred by us? The interest per day is deducted from the funds the Vendor's solicitor holds and is returned to us, but how do we get our losses?

Ideally, you give a list of losses to your solicitor. She passes it to seller's solicitor, who passes it to seller.

He agrees to pay. Or negotiates, and you agree some other figure.

a) If the sale is going ahead, then the amount you pay is amended to account for the losses (and since you've already passed the funds to your solicitor, you get back the appropriate amount)

b) if the the sale has collapsed, the seller pays his solicitor that amount, and you receive it plus what you've paid for the property

Worst case? He refuses to pay anything and you go to court.

mrs_mi5tery

Great minds!!

Just spoke with a lawyer local to me who said that this (ie, sue for consequential losses) is a litigation case - he's currently handling an identical one (that poor couple ) and has had a few a few years back also.

With regards to the tenancy, did some research, from my understanding, you remove the tenant, but not the subtenants, then they become yours. So, all need to sign, really.

SOLICITOR UPDATE: our solicitor actually managed to get in touch with vendor's solicitor (AMAZING!) who said that his client has agreed to pay the tenant his moving costs and that they will complete on Tuesday now. We've emailed our solicitor to confirm that the Vendor and his solicitor is aware that we require proof of vacant possession, in the form of the signed surrender of the tenancy by all three tenants.