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If seller has accepted a house offer, can the seller 'cancel' and pull out?

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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do the same rules apply in Scotland?

    Different rules, but the same result in this case. A verbal acceptance isn't binding.
  • eddddy
    eddddy Posts: 18,046 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Carl31 wrote: »
    Never understood why the normal rules of contract do not apply to house sales

    if there is offer and acceptance, that is usually enough to form a binding contract, yet is not the case with houses
    Kynthia wrote: »
    There is a contract in house buying and selling, but it isn't signed and exchanged until "exchange". No-one wants to be forced to purchase before they've done their searches and survey and know what they are buying. So then it has to be reciprocal that the seller can pull out too.

    Yes - the same laws of contract apply. But until exchange of contracts, all negotiations are usually 'subject to contract'. i.e. the negotiations are not binding on either party.

    There is nothing to stop you creating binding contracts at the outset - but most buyers specifically choose not to.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    it is slightly different in that unlike many other types of contract, the contract for sale of land must be in writing. Most other kinds of contract can be oral, although of course a written contract is preferable in most cases (particulary where large sums of money are involved) as it gives greater certainty.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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