Breach of contract on house purchase

AdrianC

Thrugelmir wrote: »

What stopped you from moving into the property. If their belongings were outside.

Vacant possession was not provided. End of.

Mixing the vendors and the buyer's stuff is a nightmare waiting to happen, and was wisely avoided.


Document your reasonable expenses (Premier Inn and pub meal, not the local 5* boutique hotel and Michelin starred restaurant), and the real values of what they've actually taken (as has been said - a used cooker...), and either get your solicitor to issue a claim to their solicitor (who may very well pay and add it to his client's final bill), or MCOL.

JANSPAM

Our solicitor has sent all the information, receipts, photographic evidence, etc to the vendors solicitor who finally, after two weeks responded with, they are waiting on the vendors instruction.
How long is a reasonable time to give them before taking matters further?
TIA.

Kidder81

I think the 14 days you've been waiting so far is reasonable. I wouldn't wait any longer.

Ms_Chocaholic

I'd possibly leave it one more week (maximum), the vendors could well be on a 2 week holiday, though if you've seen them around I wouldn't give them any extra time at all.

jackomdj

AdrianC wrote: »

Document your reasonable expenses (Premier Inn and pub meal, not the local 5* boutique hotel and Michelin starred restaurant), and the real values of what they've actually taken (as has been said - a used cooker...), and either get your solicitor to issue a claim to their solicitor (who may very well pay and add it to his client's final bill), or MCOL.

Reasonable accomodation would depend upon OP's circumstances. IMO if they are the sort of people who usually stay at 5* hotels and eat at good restaurants then that would be a reasonable expense.

They should, IMO, also foot any extra solicitors bills chasing this!

JANSPAM

If only, if only! No we went for the first,local run of the mill hotel that had available accommodation for a family of four at very short notice!
Would it not be the case that the vendor would be responsible for paying out solicitors extra costs. The fact she had to stay after her normal hours on completion day to try and sort the problem out and now trying to communicate with another solicitor, who seems to be making the situation worse. Surly any solicitor worth their salt would be telling their client to pay up quick before the costs escalate. They broke their contract, it's as simple as that.

JANSPAM

So after speaking to my solicitor regarding the breach of contract, I was advised to take on the seller myself to recoup my costs. As my solicitor has heard absolutely nothing from the sellers solicitor I called into her office to collect all the paperwork she had in connection with the breach of contract. She said she would give them one last chance and would send them a last letter explaining that if the seller wasn't going to respond, I had collected all information required and I was going to start proceedings against them.
Well I've just had a call from my solicitor to say that the husband of the seller had just been in touch with her saying he wanted to get this sorted and that it shouldn't have gone so far.( I'm not sure he was aware of what had happened as he no longer lives with the seller but his name's on the title deed and sales details so he too is liable)
My solicitor told him she was unable to discuss the matter and he needed to go through the solicitor he had used.
What I'm wanting to know is, if I can find this chaps contact details can I contact him to sort things out, or is this a no no as it could be classes as harassment?
TIA for help and guidance.

G_M

If you can contact him - then do.

A single contact, or even a couple, could not possibly constitute harasssment (provided you are polite and factual!).

And if, as seems to be the case, he want to resolve the matter without you going to court, then you should certainly try to reach agreement with him.

Of course, if he is just trying to delay matters and is not serious, then follow up the legal route, but that should be a last resort as it is time-consming and stressful even when you have a caste-iron case.

JANSPAM

Sorry to keep asking questions but I'm about to send a final letter before I start court proceedings. What I'm wanting to know is the couple we bought the house from are not living together so do I send a final letter to both of them and if it comes to taking legal action using the small claims court, do I fill the form in just my name or do I put both my husbands name along with mine as he is names on the contract when we purchased the property.
Tia.:D

ACG

Send a letter to both (do it recorded).
Put one or both of your names on, it makes no odds. Personally I would put both on.

Also make sure to add a sentence that states if it is not received within 7 or 14 days (your choice) you will be claiming for costs (ie postage) and interest at the standard rate of 8% which will be backdated to the date you bought the house if it goes to court. It should not do any harm to your claim, but might give them a kick up the backside to get it sorted.