Seller lying about being chain free .:mad:

Weronika88

Hello,
Just a quick question about validity of PIF TA6 information. I understand that it is legally binding document when it comes to information in regard to property condition etc.
How about point 14 relating to the transaction details. Apart from the verbal assurances by a seller and EA, that house we were in process of buying is a chain free purchase the seller also put that information on PIF form question 14 saying that this sale is not depending on purchasing another property.
And that all of course turned out to not be true, which we only found out after paying for all the surveys ( house is a bit old) and incurring all the related costs.

Please, please if anybody could just tell me anything we could do in that situation to at least feel like EA or seller would not just get away with it but we also wouldn't loose all the money Id be more than grateful. It just cant be right,:cool: that people could just lie to get the sale moving and then not be in any way accountable for the misinformation.
:eek:

SmashedAvacado

The warranties on that document are given at exchange of contracts. They dont have to proceed at all with the property sale, so you have no claim as you can have no expectation that the sale would have gone through in any event. sorry.

agrinnall

Even if there is a legal liability on the seller based on what they entered on the TA6 the only way you would have to enforce that is through court action, because you have not yet exchanged so claiming costs against the deposit is not a possibility.

Cakeguts

Lots of sales fall through after the surveys and searches have been done.



Wait until your seller has done a whole load of searches and surveys on their new house and then pull out just before exchange of contracts.

G_M

Yes the TA6 forms part of the contract.


Have you Exchanged Contracts? If not, there is not yet any contract to enforce.


If yes, then what date has been set for Completion?

Weronika88

Thank you for all the replies. Looks like there is not much we could do.
I am really tempted to go the way Cakeguts suggests to discourage that sort of practice.
Yes ( G_M) unfortunately seller was all ready to go ahead ( from our perception at least ) till it came to exchange of contracts after our solicitor enquiring numerous times they`d finally say why they couldn't set any date as yet for either exchange of contracts or completion.
I really wish theyd at least be better liars and said some story with family tragedy in the background that I could believe in and feel a little bit better about the whole situation

da_rule

If you are going to pull the plug just before exchange, tell your solicitor now so that they don’t do any more work on the file (which may save you some costs).

lisyloo

Weronika88 wrote: »

Thank you for all the replies. Looks like there is not much we could do.
I am really tempted to go the way Cakeguts suggests to discourage that sort of practice.
Yes ( G_M) unfortunately seller was all ready to go ahead ( from our perception at least ) till it came to exchange of contracts after our solicitor enquiring numerous times they`d finally say why they couldn't set any date as yet for either exchange of contracts or completion.
I really wish theyd at least be better liars and said some story with family tragedy in the background that I could believe in and feel a little bit better about the whole situation

Sometimes there is an explanation and it’s not necessarily the case that they lied.
It’s not uncommon for people to agree to go into rented accommodation and then later change their mind once they focus on the practical details of deposits, inevntories, moving twice etc.

This I wholly unsatisfactory from your point of view and yes they should have thought it through, but is it possible they aren’t liars but have changed their mind?

You haven’t said what the hold up is?
Are they looking to buy another property and haven’t found one?
Have you asked why they ticked the box if they aren’t ready to move out?
I’m curious as to what has actually happened.

This matters becuase if they are outright liars (as oppose to being indecisive) then you might decide objectively that you don’t want to go ahead with the deal of the basis they might have lied about other things too.
You do have rights after exchange, but to prove someone knew something, get a judgement and enforce it are an expensive hassle and results are not guaranteed.

MobileSaver

lisyloo wrote: »

is it possible they aren’t liars but have changed their mind?

I don't see the distinction there? If you say you will definitely do something and then don't then you have lied, regardless of the reason...

Maybe I'm old fashioned because if I say something then I do it come what may unless I can mutually agree to any changes with the other party. If the other party doesn't want to agree to change then I always honour whatever commitment I made.

And this is me speaking from personal experience of having to sofa surf for several months when there was a gap between the sale of one house and the purchase of the next because I'd promised my buyer I'd complete quickly.

lisyloo

MobileSaver wrote: »

I don't see the distinction there? If you say you will definitely do something and then don't then you have lied, regardless of the reason...

So by your definition if someone agreed to complete on a certain day and then died, by your definition you’d call them a liar?

I'm old fashioned because if I say something then I do it come what may

Then by your own logic I’m calling you a liar because 100% if you died you would not be able to do what you said.

then I will always honour whatever commitment I made

Pants on fire (you’re subject to laws if you die).

I’m not at all questioning the fact that you would do what you say if you are able I.e. not incapacitated or dead, but I am calling you out on “come what may” and “always”.

MobileSaver

lisyloo wrote: »

but is it possible they aren’t liars but have changed their mind?

lisyloo wrote: »

So by your definition if someone agreed to complete on a certain day and then died, by your definition you’d call them a liar?

I don't think exceptional circumstances such as dying would be classed as "changing your mind."