Seller will not complete after exchange......

flossie1968

Interesting one this and I am now at my wit's end so wonder if anyone can help.
I found a property and exchanged in February this year but the night before completion the seller was admitted to the psychiatric unit of the local hospital so completion did not happen. Eight weeks on and myself and my children are still waiting to complete. We are in temporary holiday accommodation at a rental of £500 per week. We have served notice to complete but the seller's solicitor appears to have just washed their hands of him and not even acknowledged the notice. I discovered this weekend the seller has been discharged from hospital and is now back at his house. I don't want to get in touch with him for fear of being accused of harrassment. I just don't know where to turn next. My solicitor is amazing but she too is frustrated by the lack of action from the seller's solicitors. Yes, I could rescind the contract and walk away but firstly, property prices have gone up considerably and I cannot afford anything like it, and secondly I have been paying the holiday rental and associated costs myself in the hope of getting them negotiated off the purchase prince if and when we finally complete. I am desperate.......

ruggedtoast

Your solicitor doesn't sound amazing I'm afraid. 8 weeks since exchange and all they have done is send some unanswered letters and left you at your wits end on a forum. You are trying to sue to the vendor, not their solicitor.

I would get a new one, one that does litigation. Not a conveyancer who does conveyancing and then can't do anything else if the process doesn't work. Ring round.

You would generally complete in terms of the contract, which is what you are trying to force, then sue the seller separately for your costs.

I suppose you could walk away and sue them for the costs too but you need decent legal advice. There is a long thread by someone called Welshwoofs where the same thing happened and they eventually did force completion. You cam search it or someone helpful might link to it.

LandyAndy

Here you go.




https://forums.moneysavingexpert.com/discussion/1806123=

tomtontom

How long after exchange was he admitted to hospital? I wonder if there is an issue with capacity, was the seller fit to enter into a contract at that time? Definitely one for a solicitor to deal with, but someone needs to speak directly to the seller and find out what their intentions are.

flossie1968

Thanks so much. A litigator is what I need now. I am just worried as the courts may not look favourably on me suing someone who has mental health issues. I have done everything I can to keep this out of the courts and save everyone time and money and have every sympathy for somebody with mental health problems but this is affecting my health and my children's welfare.....

flossie1968

Four weeks after exchange. The night before we were due to complete. I have looked at the possibility he did not have mental capacity to exchange in the first place and then pursue his solicitors but that could be avery lengthy and costly road to go down as I know his solicitor will swear he did have mental capacity at time of exchange. Understandably, they won't share his medical records with us so we don;t even know what this mental illness was.

maninthestreet

Were you in a chain? If so, where were you in the chain? Were you selling a property as well??

G_M

As others have said, your solicitor does not sound amazing. He is apparantly a) not doing anything constructive and b) not advising you.

You should not need to be resorting to a public forum and the amateur responses of a bunch of unqualified if well-meaning people.

Does your solicitor's firm have a litigation dept? Is there a solicior better suited to this within the firm?

Either put some pressure on your solicitor to take action, of find a solicitor who will.

My (unqualified) instinct is that you need to be going to court. A letter before action, 7 days, then court.

Possibly joint action against the seller and shis solicitor in case the seller enters a defence of incapacity at the time of Exchange. His solicitor would then have (surely?) some liability.

But as I said, you need advice. This has gone on long enough (too long).

stator

I don't think the courts would look unkindly on your situation. I would just go ahead trying to force completion in every way possible. Do you have a mortgage arranged? Will it expire?

flossie1968

Fortunately I wasn't in a chain. That's one saving grace....my mortgage offer has been extended. Time to find a litigation specialist. Thanks all. I appreciate it. I really cannot believe my luck!!

macman

I don't understand this. At exchange, the vendor committed irrevocably to sell you the property and complete on the agreed date. Neither illness nor even death void that contract, it must proceed. Your solicitor should be dealing with this as a breach of contract and insisting on completion at the earliest possible date and compensation for the delay.
What his illness is is none of your concern and entirely irrelevant to the legality of the sale.