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Buyer only has 5% deposit!

We are 2 days away from exchanging and I've just found out our buyer only has a 5% deposit, despite previously assuring us they had 10%. This would be fine normally but I need their 10% deposit to give our 5% to the builder on exchange and now I am £10K short!

Not sure how to break this to the solicitor now and how the heck can I come up with £10K in 2 days time!!!
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Comments

  • Lu_Lu wrote: »
    We are 2 days away from exchanging and I've just found out our buyer only has a 5% deposit, despite previously assuring us they had 10%. This would be fine normally but I need their 10% deposit to give our 5% to the builder on exchange and now I am £10K short!

    Not sure how to break this to the solicitor now and how the heck can I come up with £10K in 2 days time!!!



    Does the deposit go to you? Surely it goes to their lender? and you get the full price on completion?
  • Lu_Lu
    Lu_Lu Posts: 228 Forumite
    Part of the Furniture
    I'm not sure how it works. Doesn't their deposit go to the solicitor who then will pass it to our vendor?
  • Doesn't all the money from your sale go through there solicitor so whether they have 10% deposit or 5% deposit it won't matter as long as the mortgage makes up the remainder?
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 9 September 2015 at 12:31PM
    Lu_Lu wrote: »
    I'm not sure how it works. Doesn't their deposit go to the solicitor who then will pass it to our vendor?

    Yes. The deposit passes up the chain.

    How much is paid on exchange is negotiable. When we moved last year, our buyer and then us both paid 10%.

    - We sold for £250k. Buyer's solicitor transferred £25k to our solicitor.
    - We had to pay a £47k deposit, so we gave our solicitor £22k to add to the £25k that came up from below.

    However, a lot of the time people selling don't have £22k lying around in savings to add to the pot. If we didn't have savings and all our money was tied up in house equity, our solicitor would have negotiated for our seller to accept a deposit of £25k on exchange (slightly more than 5%).

    First step: Speak to your solicitor. Get them to find out if your builder is happy to accept a smaller deposit. Just means they get less on exchange and more on completion. They may or may not agree.

    Don't worry about breaking it to your solicitor!! You're paying them to work for you. You tell them the situation - they work on a solution. :D
  • Talk to your vendor/builder - they may accept the amount you have.
  • pinkteapot wrote: »
    Yes. The deposit passes up the chain.

    How much is paid on exchange is negotiable. When we moved last year, our buyer and then us both paid 10%.

    - We sold for £250k. Buyer's solicitor transferred £25k to our solicitor.
    - We had to pay a £47k deposit, so we gave our solicitor £22k to add to the £25k that came up from below.

    However, a lot of the time people selling don't have £22k lying around in savings to add to the pot. If we didn't have savings and all our money was tied up in house equity, our solicitor would have negotiated for our seller to accept a deposit of £25k on exchange (slightly more than 5%).

    First step: Speak to your solicitor. Get them to find out if your builder is happy to accept a smaller deposit. Just means they get less on exchange and more on completion. They may or may not agree.

    Don't worry about breaking it to your solicitor!! You're paying them to work for you. You tell them the situation - they work on a solution. :D


    It all makes sense now, Always wondered why the first house we tried to buy went with a lower offer, the reason given was we were getting a 100% mortgage,
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Lu_Lu wrote: »
    We are 2 days away from exchanging and I've just found out our buyer only has a 5% deposit, despite previously assuring us they had 10%. This would be fine normally but I need their 10% deposit to give our 5% to the builder on exchange and now I am £10K short!

    Not sure how to break this to the solicitor now and how the heck can I come up with £10K in 2 days time!!!
    Their problem. The contract says 10% deposit on exchange. They need to find 10% deposit on exchange. Some of that might be an early draw-down from the mortgage, of course.
  • p00hsticks
    p00hsticks Posts: 14,324 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 September 2015 at 1:42PM
    AdrianC wrote: »
    Their problem. The contract says 10% deposit on exchange. They need to find 10% deposit on exchange.

    ...except, of course, that until the exchange happens there is no legallly binding contract in place.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    p00hsticks wrote: »
    ...except, of course, that until the exchange happens there is no legallly binding contract in place.
    Oh, absolutely. They don't come up with 10% deposit, no exchange.
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