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Completion day tomorrow - seller now can't complete!
Comments
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beckstar1975 wrote: »^Another are you being deliberately obtuse too? The similarities are giving notice on a rental income before the purchase property is available and thus requiring temporary accommodation, that is my point. I do understand the difference between exchange and completion.
I was, however, offering the OP practical advice regarding potentially having nowhere to live whilst this sorts itself out, but clearly my semantically imperfect post matters more, and thus I'll bow out wishing the OP the best of luck getting this resolved quickly.
Is it cheaper to rent AirBnB or pay double rent?0 -
Do the auctioneers have any liability here? Presumably they should be checking that the person approaching them to sell a house is the actual owner and is entitled to sell it.0
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Hope it's sorted out too. I also wonder what the liabilities of the auctioneers are here.0
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Auctioneer’s liabilities to purchaser
He may have liability on contract of sale, independent contractual liability, liability as a bailee and liability for misrepresentation, liability arising in relation to breach of warranty of authority and fraud.:jFinally going to be a homeowner:T0 -
Liabilities of Auctioneer
An auctioneer is usually liable to the seller for monetary losses attributable to his or her Negligence in failing to follow the seller's instructions. The auctioneer can also be responsible to the buyer for fraud, conduct in excess of authority, and failure to deliver the goods. Since the auctioneer is a stakeholder, a third party designated by two or more persons to retain on deposit money or property that is the subject of a dispute, the auctioneer is liable to the buyer in those instances where the buyer is entitled to the return of the deposit. An auctioneer who sells property on behalf of one who does not own it and delivers the proceeds to that person is personally liable to the rightful owner even though the auctioneer acted in good faith and without knowledge of the absence of title. He or she can recover his or her losses from the person who received the proceeds in the form of damages that he or she was ordered to pay to the actual owner.:jFinally going to be a homeowner:T0 -
OP my god fingers, toes everything crossed for you. As previous posts have already said there will be a way it is just up to his bank and his solicitor to find it.
Ref deposit on auction property ???? We sometimes buy properties from auction and normally we have to give a 10% deposit on the day the hammer falls and then the rest within so many days.
OP I would try and yes I know it is easy for me to say to keep calm. Make sure you have your phone with you at all times. I had a terrible move it went all the way to the wire and beyond and only got the call when I was at the tip. So good news really can come at any time.
In the meantime just as a precaution ask you removal company if they have a storage facility as well. I hope you do not need it but it is best to have a plan B. If not find somewhere that you can store your belongings. Also ask the people / company you rent from if you could stay another day. Honestly another day can make all the difference?
For now concentrate on getting in.
Getting in and nothing more.
Don't worry about the who is liable who's fault or what you may or may not get once all this is over just get in.
Then when you have taken a breath you can explore you options.Happiness, Health and Wealth in that order please!:A0 -
Well, I would like to thank everybody for all there wisdom and kind words over the last few weeks, his solicitor did manage to pull some kind of miracle with the bank, and as of 5:30 this evening I have a shiny set of keys in my back pocket! These forums really are reassuring to those of us who have never been through the house buying process before, I think I would have had a breakdown without them!0
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That's great news for you!
Enjoy your new home.0 -
Well done but don't put the keys in your back pocket or you'll do yourself a nasty injury.0
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Hurrah! I am so glad that things worked our for you and I wish you lots of happiness in your new home
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