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Buyer Of House Fails To Complete

24

Comments

  • mumcoll
    mumcoll Posts: 393 Forumite
    It happened to my son when he sold his house some years ago. It was a 50% shared ownership and was something to do with the length of the lease and the buyers' lender withdrew the offer after they had exchanged!
    The couple still wanted to buy but couldn't and certainly didn't have any money if they were sued. Luckily a cash buyer came along pretty soon afterwards but it was a nightmare while it lasted.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    I'm the same as GM. I've been on here also for many years and I recall very few instances - 3 or 4. It's weird that 2 have been so recent. I guess if it happens to you here's where you would come to ask advice and it is thankfully very rare still.
    I hope your friend gets what he wants (whether that's the house or the deposit and suing the other person).
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • steve2005
    steve2005 Posts: 252 Forumite
    I will get an update from him on Tuesday one way or another, and let you know what's going to happen next.

    The buyer owns at least three other properties in the area so there is no doubt he has the assets should it go to court.
    Mortgage free for 5 months :T Then got another mortgage:rotfl:
  • No update I'm afraid - either he's too drunk celebrating to answer the phone, or too angry to answer the phone.... Will try calling tomorrow, late morning lol
    Mortgage free for 5 months :T Then got another mortgage:rotfl:
  • OK so apparently the buyer has still not managed to secure the funds to make the purchase, despite already exchanging in December, and asking for 2 completion extensions.

    What would normally be the next step? Obviously his solicitor is in possession of the deposit, but is there anything else he can ask for?
    Mortgage free for 5 months :T Then got another mortgage:rotfl:
  • Has a formal notice to complete been sent?
  • I think his solicitor is the best person to answer that question.

    If there is no chain, then it does simplify matters. If your friend is forced to move to allow his buyer to take his place.., then I believe associated costs to do with that, and reasonable hotel costs can also be asked for, storage fees etc.

    If your friend does not have to vacate his property, the costs he can ask for are more limited, besides keeping the deposit and interest already stated, possibly including the buying legal fees and survey costs.

    But he needs to say to his solicitor (who is more aware of your friend's particular situation), "what can I ask for?" Its not that hard lol. We don't have this information (and probably shouldn't) so our answers won't necessarily be complete.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If your friend is still having to come to a public forum for advice of this nature then either

    * he IS doing his own conveyancing (and should instruct a solicitor immediately or
    * he is too stupid to contact his conveyancer (in which case he should, I dunno, get a new brain) or
    * his conveyancer is incompetant/on holiday/etc in which case he should follow the firm's complaints procedure and escallate the issue
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    I too am perplexed why he's asking you these questions, only for you to come here and ask a room full of strangers. You cleasrly don't have the answers.

    Surely he'd get a straight answer from his solicitor?
  • movilogo
    movilogo Posts: 3,235 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    buyers' lender withdrew the offer after they had exchanged!

    How that is possible?? Then one can sue lender for damages. I think lenders can do that only if they can prove some fraud with original application.
    Happiness is buying an item and then not checking its price after a month to discover it was reduced further.
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