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solicitors deliberately delaying exchange

I have tried to sell twice, first time chain collapsed, now second time buyer's solicitor delaying exchanging contracts because their funds are not available yet and they are not sure when. They are renting, but remortgaging a place they own to raise mortgage. My solicitor has told me they claim not to have received documents 3 times, but their solicitor has raised many enquiries on things contained in these documents, so they have actually received them. We were told to get rid of our tenant and now paying rent elsewhere while trying to sell, and paying mortgage. No money left at all. Accepted low offer from buyer on the grounds that they were chain-free but very worried that they will also drop out. They lied to delay exchange. Do I have any legal case against this delay?

Comments

  • Yorkie1
    Yorkie1 Posts: 12,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm afraid not. Until exchange either side is free to delay, pull out etc without there being financial implications (assuming you're in England / Wales).
  • loubel
    loubel Posts: 1,065 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They lied to delay exchange. Do I have any legal case against this delay?

    No. You have no contract until exchange.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 19 February 2015 at 10:33PM
    .... We were told to get rid of our tenant and now paying rent elsewhere while trying to sell, and paying mortgage.
    I don't understand. Where were you living before you 'got rid' of the tenants?

    If the property is not empty (tents gone) why not move in instead of renting,

    Where do you plan to live after the sale?

    Delays in sales are common - property deals never proceed as fast as people either want, or expect.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Your only grounds would be against a solicitor if you could prove they deliberately lied to you.
    Changing the world, one sarcastic comment at a time.
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