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Buyer trying to negotiate after exchange

1246

Comments

  • eddddy
    eddddy Posts: 18,341 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Grannyk wrote: »
    Yes indeed a charge on his property and other assets would be possible. If he claims inability to pay he's got the next goodness knows how long of us watching his purchases and holidays etc while the property prices go down and we add devaluation onto his bill.

    .... also, you will have a liability to your seller.

    You will have to pay them damages, and they may not be prepared to wait months or years for payment.

    So they might sue you and enforce payment from you, even though you can't get payment from your buyer.
  • pphillips
    pphillips Posts: 1,633 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    csgohan4 wrote: »
    can the courts force him to sell the house? if he can't pay it up immediately?

    Yes - but the OP would first need to obtain a CCJ, secure a charge and then seek an order for sale from the court.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 February 2019 at 12:32PM
    pphillips wrote: »
    Yes - but the OP would first need to obtain a CCJ, secure a charge and then seek an order for sale from the court.

    All that would take time, and all the while HIS vendor's costs are being passed to the OP
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • pphillips
    pphillips Posts: 1,633 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 24 February 2019 at 12:00PM
    csgohan4 wrote: »
    All that would take time, and all the while HIS vendor's costs are being past to OP

    Why would the OP be responsible for his vendor's costs? Surely the OP is not liable because they have done nothing to cause the breach of contract.
  • p00hsticks
    p00hsticks Posts: 14,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pphillips wrote: »
    Why would the OP be responsible for his vendor's costs? Surely the OP is not liable because they have done nothing to cause the breach of contract.

    It's not really the vendors problem / concern as to why the OP didn't complete on their purchase - the fact is that they didn't.

    Therfore as I understand it the OP has breached their contract with the vendor, and the vendor is perfectly entitled to come after them for their costs regardless of what happens between the OP and their buyer.

    After all, if the OP could have laid their hands on a large sum of cash floating round, they could have gone ahead and completed on their purchase even if their sale had not gone through .....
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    pphillips wrote: »
    Why would the OP be responsible for his vendor's costs? Surely the OP is not liable because they have done nothing to cause the breach of contract.

    As Poohstick has pointed out, the arrangement between OP and their Buyer is not their concern, they have exchanged and the vendor has every right to pursue the op for their costs as well. hence the issue with being a chain potentially
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Those at the top of the chain will also have a duty to keep their costs to a minimum
    An answer isn't spam just because you don't like it......
  • pphillips
    pphillips Posts: 1,633 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    csgohan4 wrote: »
    As Poohstick has pointed out, the arrangement between OP and their Buyer is not their concern, they have exchanged and the vendor has every right to pursue the op for their costs as well. hence the issue with being a chain potentially

    Yes - it is a complicated matter but the OP is an innocent party and will therefore be able to recover these costs from his buyer (who should have thought about the consequences of not honoring a legally binding contract)..
  • pinkshoes
    pinkshoes Posts: 20,624 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did the chain complete?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • GDB2222
    GDB2222 Posts: 26,687 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    eddddy wrote: »
    Are you sure you'll make a 'profit' on this?

    You would only make a profit if your costs are less than £64.5k.

    If your costs are greater than £64.5k, you'll just get your costs back.

    As a minimum, your costs will include the 10% deposit you paid your seller, your EA fee, your removal costs, your legal costs.

    You might have to pay your seller even more if their costs are greater than the 10% deposit. (e.g. if the price of their property falls before they manage to find another buyer.)

    Just to add that it's worth checking the EA contract. It may only require payment if completion takes place.

    Even if the standard contract terms don't say that , you can ask for it to be written into the contract before hiring the EA.
    No reliance should be placed on the above! Absolutely none, do you hear?
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