Can I pull out after exchange

lincroft1710

If you are buying a terraced or semi-detached property you will inevitably get some noise from next door.

You have quoted a rather sloppy piece of journalism, which fails to mention the enabling legislation. Also if you think about it there could be 1,001 things which could affect a buyer's enjoyment, but not necessarily any one person.

fairy_lights

nickyg2000 wrote: »

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."

I think you're clutching at straws here - if you've exchanged, you're stuck with it.

Poppie68

As others have said sound is subjective... You thought the noise was bad during your visit but the seller said it doesn't bother them so it obviously hasn't stopped their enjoyment of the home. I think my daughter's neighbours are noisy but she said she had never really noticed the noise and it doesn't bother her. Your seller hasn't done anything wrong...Could you not look at sound proofing the affected rooms yourself, I sure there are products available on the market.

Pixie5740

Noise is subjective. Perhaps the current owner doesn't really notice music, or perhaps the neighbours are going something out of their usual pattern like DIY which doesn't always bring out the best in people. After all your previous threads I'm amazed you actually went ahead with the purchase.

In the case of selling your flat people probably advised you to disclose the noise issue since it had been formally reported to the management company by a number of residents.

In answer to your question though yes you can pull out after exchange but it's going to cost you. If you don't believe us then speak with your solicitor assuming it is an actual solicitor you are using and not just a cheap-as-chips conveyancer.

tiger_eyes

nickyg2000 wrote: »

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."

What is the seller supposed to say? It's a semi-detached house with people living next door. Your house and garden are physically attached to theirs. It was never going to be deathly silent all the time. Noise levels rise and fall, new neighbours move in and out, one person's noise threshold is different from another's. If it was so desperately important to you, there are a large number of steps you could have taken to better assess the noise level - asking the neighbours, for a start (since they have no incentive to lie). It's hardly fair to blame the seller for giving a subjective answer to a subjective question.

davidmcn

nickyg2000 wrote: »

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."

And what does your solicitor think?

Ozzuk

Simple question to your conveyancer, 'What will it cost me to pull out of the sale'. They are the only ones that can tell you. It could include loss of deposit, charges for interest, charges for any costs incurred by the vendor.

It also depends as many have said if you have actually exchanged contracts.

You could also proceed with the sale then sue the previous owners for misrepresentation - but this will likely cost you a lot of money and certainly doesn't sound like you'd even win.

Nasty situation, if quiet was your biggest priority then again as others have said you should have bought detached. Sound proofing a semi can be difficult - you can place things on the walls but sound travels through the beams/floors/attic (depending on construction).

david1951

Probably should have had soundproofing checks carried out prior to exchange. I'm aware this doesn't help you now, so you should try to deal with this as best you can when you move in. Say hello to the neighbours, get a dialogue going and that should make things easier.

You aren't going to get anywhere with a misrepresentation suit unless

a) the noise is at unreasonable hours/extremely loud (etc.), and
b) there is a dispute that the vendor should have disclosed.

Music through the walls at midday (for example) isn't going to cut it I'm afraid.

nickyg2000

Pixie5740 wrote: »

.In the case of selling your flat people probably advised you to disclose the noise issue since it had been formally reported to the management company by a number of residents..

Not the case. No complaints to management company or landlord

laidbackgjr

Ozzuk wrote: »

Simple question to your conveyancer, 'What will it cost me to pull out of the sale'. They are the only ones that can tell you. It could include loss of deposit, charges for interest, charges for any costs incurred by the vendor.

Simple answer is the conveyancer will not be able to put an exact figure on it - in theory it's limitless - although each person in the chain has a responsibility to minimise incurred costs once the chain is broken.

I recall a story where a vendor buying a house for around £60k wanted to break the chain after exchange - it was a 12 property chain - the top one being a sale of a £14m property.

A quick estimate suggested that pulling out after exchange was likely to incur costs exceeding the cost of buying the house for £60k!