Was not informed of Contract Race and lost house

steampowered

stator wrote: »

Put in a small claims court claim against the seller.
You might win or you might lose the fee.

If you put in a hopeless case, you can be ordered to pay the defendant's legal costs, even in small claims.

Unfortunately it is pretty hopeless to sue a seller prior to exchange of contracts.

Gina2210

All I am bothered with now is getting my money back for the searches and valuation, I can accept that houses fall through but not the way it happened. We would have pulled out if we knew there was a contract race because we were not in a position to win, the sellers solicitors knew weeks ago there was 2 contracts out but did not tell us or our solicitor

anselld

Gina2210 wrote: »

All I am bothered with now is getting my money back for the searches and valuation

It's not going to happen. No point dwelling on it.

sparky130a

Gina2210 wrote: »

All I am bothered with now is getting my money back for the searches and valuation, I can accept that houses fall through but not the way it happened. We would have pulled out if we knew there was a contract race because we were not in a position to win, the sellers solicitors knew weeks ago there was 2 contracts out but did not tell us or our solicitor

That isn't going to happen.

I'll bet my b0llocks to a barn dance the EA did know mind...

always_sunny

Gina2210 wrote: »

All I am bothered with now is getting my money back for the searches and valuation, I can accept that houses fall through but not the way it happened. We would have pulled out if we knew there was a contract race because we were not in a position to win, the sellers solicitors knew weeks ago there was 2 contracts out but did not tell us or our solicitor

Maybe ask your solicitor? There seems to be rules, never even heard of such bizarre way to sell, only in England I bet :rotfl::

Rules Relating to a Contract Race

Where a seller issues a contract to (i.e. agrees to sell to) more than one buyer, he may be guilty of misrepresentation if he does not disclose the fact to all of the potential buyers, since a potential buyer might reasonably withdraw his interest if informed and the seller’s failure to disclose robs him of that opportunity.

robatwork

Gina2210 wrote: »

All I am bothered with now is getting my money back for the searches and valuation, I can accept that houses fall through but not the way it happened. We would have pulled out if we knew there was a contract race because we were not in a position to win, the sellers solicitors knew weeks ago there was 2 contracts out but did not tell us or our solicitor

Although you've probably lost the money through no fault of your own, I can't believe the EA has acted honourably or possibly even legally if what you said about it being the same EA is true. At best, they are lying now.

I would send them a letter setting out your costs incurred due to their negligence, and claim it back from them or you will be forced to take legal action.

Can't hurt.

ScorpiondeRooftrouser

So this wasn't a contact race...another buyer was quite advanced down the process. Because this was taking so long, the vendor put the house back on the market and you came in. Then a few weeks later the original buyer got all their ducks in order and they went back to them. Is this more the case?

Where have the words "contract race" come from?

sparky130a

ScorpiondeRooftrouser wrote: »

Where have the words "contract race" come from?

I have no idea. And more to the point cannot understand anyone who engages in one. They must be mad.

ScorpiondeRooftrouser

sparky130a wrote: »

I have no idea. And more to the point cannot understand anyone who engages in one. They must be mad.

I meant in this instance....who is referring to it as a contract race? It doesn't appear to be one to me.

Although I agree with your second point.

sparky130a

ScorpiondeRooftrouser wrote: »

I meant in this instance....who is referring to it as a contract race? It doesn't appear to be one to me.

Although I agree with your second point.

Well indeed. Someone has sown that seed...