Fraud Act 2006 and Vendors who pull out

Generali

bgwuser wrote: »

When have I complained? I have only apologised for not giving clear information. I ahve thoroughly enjoyed hearing everyones thoughts. If everybody agreed it would not be a debate. Thanks to this forum I have narrowed down that the only part of the offence I have not established proof for is the "intent" which is what I am concentrating on now. Thanks again to all and commiserations to those of you who have suffered. If I was wealthy enough for a civil suit to establish case law - I would do as people lose millions each year through this type of dishonesty.

If I misread your tone I apologise. No offence meant.

silvercar

We had a house chain all linked up. Then there was a delay on the house that our sellers were buying. They told us twice on the phone, "don't worry, if you lose your buyer due to our delay we will wait for you to find another one." On a friday morning our buyer pulled out, by sunday night we had another buyer in place and our sellers estate agent phoned on monday morning to say that they had found another buyer for our seller and if we still wanted it we would have to pay £30,000 more and pay a non-refundable £10,000 deposit that day!

We took legal advice and were told we didn't have a case; before contracts are exchanged a seller has no liability.

dmg24

Have you been to the police station bgwuser?

bgwuser

Doozergirl wrote: »

DO you know exactly why your vendors pulled out?

I'm not trying to be funny, but if a buyer started to threaten legal action against me not far into the conveyancing process, I'm not sure how far I'd want to continue. Personally, I would think you were a loose cannon and I feel comfortable enough with the fraud act not being fo rthe likes of me, that if I did pull out as a result of your behaviour, that I wouldn't be guilty of fraud.

If I were a lesser experienced vendor, I would probably wet myself and pull out. What if I did sell to you and something was wrong?

The vendors pulled out just after the surveyor had been round. We had made them a ful asking price offer which we would have honoured. We have no chain. We would have thought we were perfect buyers. AFTER they pulled out (they gave a reason which even the agent said made no sense) we started wondering why and then found out they had lied about getting PP. After checking our facts we then told the agent that we were considering legal action. That was the point at which we hope they did wet themselves! They deserve a bit of worry after costing us so much money and inconvenience! Hopefully when they eventually go back on the market they will have learned not to lie to prospective purchasers.

bgwuser

dmg24 wrote: »

Have you been to the police station bgwuser?

Have spoken with our local economic crime unit and have an appointment on Friday to make formal complaint. They are willing to run with it so far which is encouraging. The interest seems to be because it is new legislation which needs to be tested in the courts.

bgwuser

Generali wrote: »

If I misread your tone I apologise. No offence meant.

No need for an apology and no offence taken

dmg24

I actually feel sorry for the vendors here, and would be interested to hear their perspective on this. I do not for a minute believe that they meant you any malice, nor did they intend for you to incur a loss as a result of their actions.

I was looking at selling my home soon, but if prospective buyers are going to act like this I don't think I'll bother.

Guy_Montag

Wow, I find this is amazing. I'm bamboozled that the police think there's any legs at all in this at all (unless they are just palming the OP off with platitudes to get them & their green crayon out the office). I just hope this is the case.

People drop out of house purchases all the time, just t'other day on the radio some estate agent was saying 1/3 of chains were falling apart these days.

What a waste of my money & for what? What does the OP hope to achieve? Do they want their money back? Well then take them to the Small Claims Court. Do they want the vendor to end up with a criminal record? What will that achieve?

Get a grip - stop wasting my tax dollars (well, pounds). Take a step back - think about what you're doing. Have a cup of tea & get over it! !!!!!!! :rolleyes:

Guy_Montag

bgwuser wrote: »

Have spoken with our local economic crime unit and have an appointment on Friday to make formal complaint. They are willing to run with it so far which is encouraging. The interest seems to be because it is new legislation which needs to be tested in the courts.

So some poor f'ker has to go through the ringer of the court system, probably costing them a fortune just so the police know where they stand. It will certainly destroy their lives for a good long time. I hope it gives you a warm fuzzy feeling, because it makes me weep.

silvercar

If the police wanted to test a case in court, you would have thought they would choose a better example than this.

Judge: You are suing X for the fact they didn't apply for a planning permission they don't need. ....case dismissed.