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Can the buyer charge the seller for delays?

13

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Squid101 wrote: »
    Were buying from a couple who are mid divorce, and we were meant to get the keys this week.

    Let me guess. You agreed a date with the sellers without reference to all the other parts of the transaction that need to fall into place. In order for completion to take place. If only life were that predictable and easy to plan.
  • Squid101
    Squid101 Posts: 67 Forumite
    Is that a dig Thrugelmir?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Squid101 wrote: »
    Just a quick one. No we havent completed yet thee out of the four have signed, as already concluded one person on the other side is refusing to sign.

    Completion is swapping keys for money. Obviously, you haven't completed.

    Have you EXCHANGED yet? That's the point at which you are all contractually obliged to complete. Until that point, you have absolutely no contract, and anybody can say "Nope, not happening" for any reason they want, with absolutely no legal comeback at all.

    (I'm presuming you're not in Scotland)
  • penguingirl
    penguingirl Posts: 1,397 Forumite
    You have my sympathy- we bought our last house from a divorcing couple. We eventually moved in 2 months later than the initially proposed completion date. But it wasn't without tears, heartache and us actually finding another property and withdrawing from the sale (to then agree it if they signed within 24 hours, they took 48...)
  • Jhoney_2
    Jhoney_2 Posts: 1,198 Forumite
    john_white wrote: »
    No they have not exchanged.


    If they have not exchanged, what on does OP want with the vendors keys!

    If they have exchanged, what else needs to be signed?
  • Jhoney_2
    Jhoney_2 Posts: 1,198 Forumite
    If they have indeed exchanged, OP obviously has more options as we know including enforced sale and financial compensation on top of costs etc.

    Until OP confirms the position of where things are in the purchase, it's just speculative.
  • Jhoney_2
    Jhoney_2 Posts: 1,198 Forumite
    Squid101 wrote: »
    Just a quick one. No we havent completed yet thee out of the four have signed, as already concluded one person on the other side is refusing to sign.

    Is anyone any clearer?
  • Squid101
    Squid101 Posts: 67 Forumite
    OK OK you are all very keen!

    Scotland yes.
    Date of entry was agreed nearly two months ago.
    Contracts were to be signed and keys received within a week.
    Funds all in place, in the client account.
    All parties bar one signed, appears to be disputing the final split of the sale proceeds, and keeps this stance till completion date. Hence completion date has now been and gone.
    No signature. No money exchanged hands and therefore no keys for us.
    We know that no contracts means we can not seek recompense.

    For those who have offered support, and those who have given me food for thought thanks :)
    Some response have been a little "If i have said it once i have said it a 100 times, its your own fault" - not helping much!!! Oh the joys of being so wise that others do not learn. Shame on us!
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Squid101 wrote: »
    Scotland yes.
    Ah, well that makes it a COMPLETELY different kettle of fish.

    The quality of the answers depends massively on the completeness of the information given...
  • Squid101
    Squid101 Posts: 67 Forumite
    On the whole the quality of the answers has been very good, and like i say gave me food for thought. I am not dismissing people making such an effort to offer their views. Well i hope it doesnt come across like that anyway.
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