Sellers wants to "contra charge"

WorriedFTB_2

Before I start -
We have been buying a shared ownership Property since January . The exchange happens btw us buyers , vendor & housing .

Instructed a solicitor which was recommended by the Housing involved .
Our Mortgage took a while to be approved as most SO mortgages do .
So My solicitor doesn't reply to the vendor's solicitor . Vendor keeps texting us .
The vendor moved from the SO property in January (his choice ) we never set a date as we were still waiting for the mortgage .
He then rented a property as he is not buying anothet for now .

At the moment we are waiting for searches to the return , which accordingly to our solicior were sent weeks ago . I rang the borough they said no searches have been done for the property i question . I don't know whether this is because the solicitor is sending this request by horse !!!!

Anyway turns out that the vendor wants to "contra charge "us for renting a property ! What a fudge ?!!! Is this right ?

This person doesn't seem to know anything about selling a property .
Bear in mind we haven't even seen any contracts let alone sign anything.

He then threaten to pull out if we don't exchange in 2 wks saying his solicitor that advised him to do so ..

1- I admit my solicior isn't the best . Fair enought he waited for our mortgage offer which came last month . But since then he has been asking us to wait for his BTL stamp duty palava then he hasn't done much apart from tellinh lies . I rang the Housing this wk to find out that they are ready to exchange when our solicitos said they are not that he is waiting for them ...


This is a nightmare!

Am I liable to pay this so called "contra charge" ? We never agreed on date never mind motivate this crazy seller to move out

My wkend has been ruined ��

Linton

Until contracts have been exchanged there are no commitments on either side. You are not under any obligation to pay anything.

WorriedFTB_2

Apologies for the misspells on the first post I was a "little" annoyed when typing hehe



Thanks for the reply!
I thought that would be the case .
Correct me if I am wrong but I doubt his solicitor would advise him to pull out as any potential buyers would take another few months and since he has been renting since then that defeats his excuse of "contra charge"

My mistake for chosen the cheapest solicitor from the panel .
I really don't know who to believe , my solicitor that doesn't reply to my calls or emails , the housing or the vendor ...

Never thought that buying was such a drama

robin58

Tell your solicitor he won't get paid and you will be reporting him to the bar unless he gets his figure out.

WorriedFTB_2

He only gets paid on completion , but I don't think he is bothered about the fees as it isn't that much compared to others I imagine .
I fear if I threat him he may tell us to get another solicitor :rotfl: which may make things even more complicated haha

[Deleted User]

If he has moved out before completion.., I'd be asking why., is there something wrong with the property or where it is?

marksoton

Then the vendor clearly doesn't understand the concept of contra charges.

They are generally used in construction and are used to "back charge". Generally by the main contractor to a subcontractor.

I used one last year for £30K for a subcontractor who had ruined a road surface that meant we had to resurface it entirely.

I too would be questioning why this guy has jumped so quickly. As for any claim, no chance.

kinger101

robin58 wrote: »

Tell your solicitor he won't get paid and you will be reporting him to the bar unless he gets his figure out.

The Bar? You might as well refer the complaint to the Automobile Association. Solicitors are not barristers.

Hoploz

OP it sounds like if you cannot get your solicitor to respond then you should write to them explaining that you want them to get back to you straightaway with a detailed breakdown of what they are waiting for, and what still needs to be done for the transaction to complete.

You are under no obligation to your seller, likewise the other way around. Any party can pull out at any point up to exchange of contracts without any explanation.

Perhaps once you've heard back from your solicitor then it actually would be better for you to start again with a new solicitor, as tbh the cost of a few hundred pounds to get the property bought might be worthwhile if you're getting nowhere otherwise.

antrobus

WorriedFTB wrote: »

...Am I liable to pay this so called "contra charge" ? We never agreed on date never mind motivate this crazy seller to move out ....

No contract, no liability.

Of course, you are free to agree to pay this charge, when and if you ever get around to exchanging contracts, just as the vendor is free to decline to proceed when you tell him to foxtrot oscar.

WorriedFTB_2

Deannatrous there was nothing wrong with the property ..
Seems like he divorced and was crazy about moving out . We put an offer on the 12 of Jan by the 27 he was moving out . The property has been empty since ...