House buyer is refusing to full price (after completion)

SlopingBird

AdrianC wrote: »

Contract says £215k.
Completion happens, with £215k paid to solicitor.
SDLT return says £215k?

Then there's a vague word-of-mouth about how there was going to be another £3k that was round the back door...

Oh, c'mon. You know what your chances are, don't you?

Okay, we are very aware we were stupid. It wasn't a 'vague word-of-mouth' though. They actually contacted us pro-actively and upped their offer, but then said they didn't want to reapply for a mortgage. Hindsight is a wonderful thing, isn't it?

SlopingBird

Lungboy wrote: »

With nothing at all in writing I fear you'll have a very hard time persuading a court that you're owed the money, and for £3k you might be better served letting it go. Personally, I'd chase it because I'm stubborn and taking them to "small claims" court doesn't cost much and might scare them into action. Letter Before Action first, but only if you intend to see it through.

Do you really not have anything at all though? A text to the EA mentioning it, or an email with your solicitor?

Thanks for being the only person not to be nasty to me. No, nothing. I realise now how clever they were. I have lots of messages, including the one where we tell them we're not backing out of the second chain, but absolutely nothing in writing about the £3,000.

I guess they saw us coming, didn't they? Very well off people too, comparatively speaking. They were massively downsizing.

SlopingBird

ethank wrote: »

Why was this not in the contract? You will find it difficult to win at court, as the court will rely on the contract as the main evidence. Contracts often say within it that the contract contains the deal in entirety.

I think you should let this one go.

Yes, seeing the responses here, we're coming to that conclusion too. We were stupid, we realise that now. What hurts most is how much we loved that little house. It's horrible to think this trickster couple are now living there with some of our things (we left the stuff they wanted, completely free of charge). I just hope our lovely neighbours see them for what they are.

hazyjo

SlopingBird wrote: »

We were with Purplebricks so the fees weren't dependent on the sale price. Yes, we realise it all sounds dodgy now but at the time we were desperate for the sale and our buyers wanted to do it this way to avoid having to reapply for a mortgage.

Still risking it being classed as tax fraud. Not sure they'd have to reapply for a new mortgage either so long as it was the same LTV. They apparently had the cash so could've just put down more of a cash deposit anyway.

SlopingBird

Slithery wrote: »

Either keep quiet about it and write it off, or try and claim the money and hope HMRC don't find out and persue you for being compliant in tax fraud.

I agree with you. You know I actually worked out that the extra stamp duty amounted to about £120. I couldn't understand why they insisted they had to pay the £3,000 separately either. The man is a very senior insurance person. Our home was their downsized UK property ... they have another in Italy. They can certainly afford the extra tax. I understand why it was all so cloak and dagger now ... they never intended to pay us from the outset.

hazyjo

SlopingBird wrote: »

Thanks for being the only person not to be nasty to me. No, nothing. I realise now how clever they were. I have lots of messages, including the one where we tell them we're not backing out of the second chain, but absolutely nothing in writing about the £3,000.

I guess they saw us coming, didn't they? Very well off people too, comparatively speaking. They were massively downsizing.

I really bloody hate it when people think others are being 'nasty' when they state the truth, or what they don't want to hear.

Will resist the urge to say (lots) more. I'm done here.

SlopingBird

babyblade41 wrote: »

Sorry but I don't have any sympathy whatsoever .. Karma is a funny thing

I've thanked everyone else so I won't leave you out.

I think karma relates to someone doing something bad/wrong and getting repaid several times over.

I'm not sure how trusting your buyers amounts to doing something bad. They were the ones who didn't want the extra money to go through the solicitors, not us.

House selling is stressful and sometimes things get to the point where you'll do almost anything to get things moving. Our second buyer had messed around for over a month and done precisely nothing in that time ...except make an offer. She hadn't even provided ID to her solicitor at this point so it's not as though she had spent any money in searches, surveys, etc.

Our buyers told us they had fallen in love with our home. You try resisting those emotional tactics!!!

getmore4less

Probably would not have needed a new application as the mortgage was the same amount just a slightly bigger deposit.

AdrianC

SlopingBird wrote: »

It wasn't a 'vague word-of-mouth' though.

So you DO have something in writing from them...?

theartfullodger

SlopingBird wrote: »

............... It wasn't a 'vague word-of-mouth' though. They actually contacted us pro-actively and upped their offer, ....

Fine, great: So take the not-word-of-mouth offer (email, letter, woteva..) and agreement of both parties to it.. (email, letter, woteva..) then sue purchaser for the £3k : As it's not "vague" you'll no doubt win: Small-claims, go to MCoL.

Expect lots of publicity.

And inform both HRMC & their lender of what the reality was. And you solicitor & your lender on the new place a you will have err.. "misled" them...

I'm sure any decent person would most likely donate any such dodgy £3k funds to a suitable charity: The homeless perhaps?