COVID Buying and Selling

Britvic290216

theartfullodger said:

Britvic290216 said:

.....Anyone know the legal position in Scotland now? Thanks. 

Found this with something called "Google".  Seems quite a useful wee tool!

Yes, tricky.  I had a plan to sell a house:  Now empty, ready to market, but pretty much nuffink happening.  But there are bigger fish to fry..

 Slàinte mhath!

Yes used Google too 😉. 

Seemed to me reading the clauses in the contract that as date of entry had lapsed and if no new date agreed in 14 days, then the missives may no longer stand. 
Obviously, the current situation is unprecedented, but wondered if the Covid-19 situation would facilitate the buyer pulling out of the purchase of they wished to. 

They also can't sell their house and have had no viewings, so would suit them not to buy. 

Suppose time will tell... 

davidmcn

Britvic290216 said:

Buying in Scotland During Covid-19
Missives were signed and date of entry was to be start of April. As this has lapsed are both parties in breach and missives rescinded? 
The buyer would like to pull out of the deal if house prices due to fall. Can they do that since date of entry has lapsed?

The answer will be in your missives - so go read them. But assuming it follows the Scottish Standard Clauses, the short answers to your questions are probably no and no - you're only entitled to resile from the contract if you are able to fulfil your side of the bargain and the other party is in default. If (as discussed above) both are in breach then you just continue in stalemate for the meantime.