Can I pull out after exchange

pinkteapot

If you don't have faith in your conveyancer, make an appointment with solicitor for some advice and ask them to explain the consequences of failing to complete. Then you can make an informed decision.

moneycantbuyyouhappiness

You need to also think about the possible implications this will have if you are in a chain.

From your previous threads and posts I really think you need to look deeper into the prospect of buying a detached. Having had such a rough time with noise issues in your previous flat, I'm surprised you even considered a Semi.

My partner had awfully noisy neighbors when he was younger and his parents have instilled into him that you need a detached. So we have had to compromise on space because detached was on his MUST list. So our rooms are on the smaller side but we don't have to worry about our neighbors noise or ours.

nickyg2000

What about this, says they should reveal all



http://www.telegraph.co.uk/finance/property/house-prices/10864514/Failed-property-survey-Now-sellers-must-disclose-all.html

fairy_lights

nickyg2000 wrote: »

Can I not refuse to complete because of misrepresentation ?? my conveyance solicitor is crap btw no move no fee

But maybe the seller genuinely isn't bothered by the noise, doesn't notice it much, and does consider the soundproofing good?
Perhaps it's unusual to hear any noise from next door and it's only because it's the summer holidays and there are kids at home that you could hear anything.
I think it would be very difficult to prove the seller deliberately mislead you.

moneycantbuyyouhappiness

Noise is very subjective though. What may really bother you won't affect some people.

Also I'm assuming this conversation regarding noise with the vendor was verbal. If so, you cannot prove they even said it wasn't an issue.

nickyg2000

The crazy thing is im moving to get away from my flat as the soundproofing is poor. Oddly everyone said I will open to legal action and have to disclose the poor sound proofing or will get sued. Now its the other-way round everyone says I have no options.. confused

Bluebirdman_of_Alcathays

nickyg2000 wrote: »

The crazy thing is im moving to get away from my flat as the soundproofing is poor. Oddly everyone said I will open to legal action and have to disclose the poor sound proofing or will get sued. Now its the other-way round everyone says I have no options.. confused

Who said that? Nobody on this thread. I think the message from various posters (that I agree with) is that in general the house buying process is based on Caveat Emptor. People are obliged to inform you of disputes that have made it into officialdom, but noise is incredibly subjective, and as such, your vendor has almost certainly done nothing wrong.


As you clearly are sensitive to noise I'm astonished you haven't protected yourself further by using a proper solicitor that would help you negotiate this minefield. Or instructing a surveyor with instructions to check on the soundproofing. Good luck, but again as others have said, pulling out now will cost you a small fortune - better to move in and move out again in a year or so.

AndyBSG

You can pull out but you're mad if you do as the cost will pretty much prevent you from buying another house for a VERY long time.

First up, have you actually exchanged? Official exchange of contracts is different to you signing paperwork and returning it to your solicitor.

If you have then you will be responsible for any costs incurred by EVERYONE in the chain to complete on time.

In practical terms you'll only be responsible for the costs to your buyers but those buyers will be responsible for the costs of their buyers and so on and so on until all the costs incurred by all parties are passed up the chain to the responsible party... You.

Those costs will include removal fees, furniture storage fees due to the failed completion, accommodation fees incurred, etc, etc.

If you aren't actually selling a property and are a first time buyer then you won't incur those costs but you will certainly lose your deposit and the vendor can sue you for breach of contract which will hit you in the pocket even harder.

In short, if you have formally exchanged contracts and refuse to complete you can expect to be taken to the cleaners for figures that will probably run into tens of thousands

nickyg2000

To quote from the article I posted:

The law in this area is very clear – if the seller or the agent has any information that is likely to have an impact on the value of a property or the buyer's enjoyment of the property, they must disclose it."

teddysmum

Noise level in a property is subjective.


We live in a semi, where next door has been empty for over a year. Admittedly it is noisy at the moment as a builder has bought it to refurbish and sell on (lots of hammering drilling etc), but even music and conversations sound loud now, as we have become used to not hearing them, whereas for 40 plus years they didn't bother us.