Purchaser Withdraws After Assignation Signed

greytroot

Help - anyone!

I have had along protracted sale of my house (scotland) and finally the purchaser signed the assignation paperwork on 1 apr 05 (no joke).

Despite repeated promises of the money being transferred it has still not materialised.

What exactly can I claim against the purchaser?
My lawyer said the purchaser had only paid his solicitor a deposit. Why is that?
I beleive that if i sell my house at say £20k less than i had previously agreed with the purchaser, the purchaser is liable for that £20k?
How do I claim all these expenses? And what if the purchaser can't pay?

Loads and loads of questions but my own lawyer refuses to speak to me ( case has gone to the scottish law society) as i said he was incompetent.

Any Help would be much appreciated.

margaret_3

Ooops Russ!
You have learned a hard lesson. NEVER accuse someone of being incompetent before they have finished working for you. THEN you can go to town on them.
I would contact the Law Society again, this time to ask for a referral to a solicitor who will give you half an hour's free advice.
I hope this helps.
Margaret

irnbru_2

greytroot wrote:

Help - anyone!

I have had along protracted sale of my house (scotland) and finally the purchaser signed the assignation paperwork on 1 apr 05 (no joke).

Does that mean the missives have been completed?

greytroot wrote:

Despite repeated promises of the money being transferred it has still not materialised.

What exactly can I claim against the purchaser?
My lawyer said the purchaser had only paid his solicitor a deposit. Why is that?
I beleive that if i sell my house at say £20k less than i had previously agreed with the purchaser, the purchaser is liable for that £20k?
How do I claim all these expenses? And what if the purchaser can't pay?

Loads and loads of questions but my own lawyer refuses to speak to me ( case has gone to the scottish law society) as i said he was incompetent.

Any Help would be much appreciated.

Go to the C.A.B.

According to this you will have to withdraw from the sale and seek recompense. To do this you are going to have to get a solicitor.

You should have a copy of all correspondence regarding the sale - all the qualifications etc - and within that you should find the penalty clauses applicable. From my documentation, interest is charged at 4% above RBS base rate on outstanding monies, charges incurred by me the seller. Purchaser has to pay resell fees etc. Finally, if sale not concluded within 14 days I can give written notification that they are in breach and walk away and resell.

greytroot

All missives had been signed and i have a copy of all paperwork.
Interest was 4% above RBS base lending rate.

irnbru_2

greytroot wrote:

All missives had been signed and i have a copy of all paperwork.
Interest was 4% above RBS base lending rate.

The problem with your solicitor is very much complicating matters and TBH I don't see, from the information given, where your solicitor has been incompetent - sorry.

You need to inform the purchaser they have broken the contract and you will exercise your option to resell, pursuing them for loss - you need a new solicitor to do that.

In the meantime, get all your paperwork together of the expenditure (including all unscheduled payments).

You should be able to start re-marketing the property but you cannot complete a sale until your existing purchaser has been informed - more than likely this will be a new qualification on your house sale.

If you contact the C.A.B. they may have a specialist who can assist with getting a new lawyer.

greytroot

My solicitor informed me that assignation and missives had not been signed by the purchaser 4 days the agreed sale, after i thought my house was sold.

So i had moved home and committed myself. That is why i complained against my solicitor.

The original date of sale was 14 jan 05

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now 20 may 05.