Breach of contract

Guest101

leah14 wrote: »

Do not have an address for seller just phone number but he has blocked our calls tried ringing from another phone but ugnoring it we specify asked that all rubbis be cleared prior to completion and yes this is written in the contract which he signed. The amount may be minimal to some but we are FTB and have had a number of issues with the property after moving in leaking roof, electricity wired incorrectly among other things !!

But who's fault is that? Did you not get a survey?

leah14

Of course we got a survey but the surveyor obviously didn't stand there until it rained or use the appliance that kept tripping the electricity!!!!!!!

Guest101

leah14 wrote: »

Of course we got a survey but the surveyor obviously didn't stand there until it rained or use the appliance that kept tripping the electricity!!!!!!!

No but they should've raised any concerns


e.g. Unable to access roof, buyer should pay for a roof examination


and similar for electric

leah14

Well he didn't raise any concerns and this is not what my post is about ? All I ask is why draft up contracts then when there's a breach say nothing can be done ?

Blakey74_2

leah14 wrote: »

Well he didn't raise any concerns and this is not what my post is about ? All I ask is why draft up contracts then when there's a breach say nothing can be done ?

Its not in yours interest for the conveyancer to pursue the mater on your behalf due to costs.

If you can find out the forwarding address for the seller then you can try to pursue them through money claims online.

Solicitors costs are not recoverable in the small claims court.

davidmcn

leah14 wrote: »

Well he didn't raise any concerns and this is not what my post is about ? All I ask is why draft up contracts then when there's a breach say nothing can be done ?

Nobody's said that "nothing can be done", we're telling you that the economics of pursuing it don't sound worthwhile.

Guest101

leah14 wrote: »

Well he didn't raise any concerns and this is not what my post is about ? All I ask is why draft up contracts then when there's a breach say nothing can be done ?

Then you should ask why he didn't. Was it a homebuyers report?


Anyway, as for original question - you can try to pursue, but you need an address


- Just curious what clause are you suggesting they breached?

G_M

Your choices are:

* ask your solicitor to pursue it as part of the conveyancing process, within the fixed quote conveyancing fee you've paid. He may agree but probably won't (see next)
* ask your solicitor to pursue it at extra cost. as others have said, the cost will probaly equal or exceed the claim
* employ an investigator to locate tthe seller's new address. Cost will be close to the amount of the claim
* find the sellers' address yourself - do you know their employer? Might the neighbours know them? Facebook/social media etc?
* are you getting mail for them? If not they probably have Royal Mail forwarding in place. Wite them a 'Letter Before Action', recorded delivery, addressed to your home. It should be forwarded to them and (hopefully) they'll accept/sign. You might even get their address on the receipt - I'm not sure. However even if they get the LBA, if you don't get their address you can't sue as the court will need their address
* right it off to experience. Stuff happens

Guest101

Conveyancer_South_East wrote: »

You can request that your solicitors write to the sellers solicitors. However, when the sellers solicitors simply do not reply or do not give a favourable response there is nothing further your solicitors will be able to do.


You will then need to make a claim against the seller through small claims court - the cost and time of doing so would probably outweigh anything that you may get back.

That's debateable. Winning at small claims costs nothing. It's just the time taken to prepare the case.


Even at a liberal 5 hours, that's well below the £19 per hour 'rate' suggested

leah14

Thank you to those who responded to my original post comments taken on board