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FTB Question - What if an offer is cancelled by the seller

I imagine that before exchanging contracts you as a buyer had to pay about £1,500 to a conveyancing firm and some more to your solicitor to do some checks, and a survey, and maybe a buildings insurance. If after all that, the seller cancels the offer, is all of this money completely lost? Thanks.

Comments

  • FtbDreaming
    FtbDreaming Posts: 1,127 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Yes I think so. It’s risky but that’s how it is. 
    Mortgage started August 2020 £69,700
    Mortgage ends Aug 2050 MFW: Aug 2027 
    Current Balance: £58,678
    MFW2020 #156 £723.13
    MFW2021 #26 £1184.71
    MFW2022 #11 £197.87
    MFW2023 £785
    MFW 2024 £528.15

    Determined to make it! 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 28 August 2020 at 11:58AM
    Yep. Either side can pull out for any reason or none, right up until contracts are actually exchanged... which is currently usually simultaneous with completion.

    Most solicitors will offer a no-sale-no-fee deal of some kind.
  • bucksbloke
    bucksbloke Posts: 439 Forumite
    100 Posts First Anniversary Name Dropper
    Yes this is the risk with house buying, some solicitors will offer no sale no fee. 
    This is why as a seller I won't instruct until valuation is booked by the buyer. I also expect solicitors details within 24 hours of valuation result. 
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In essence, yes, though
    PacoAGE said:
    I imagine that before exchanging contracts you as a buyer had to pay about £1,500 to a conveyancing firm and some more to your solicitor to do some checks,
    that would be duplication as they do the same job
    and a survey, and maybe a buildings insurance.
    buyers generally become responsible for insurance at Exchange of Contracts - not before
    If after all that, the seller cancels the offer, is all of this money completely lost? Thanks.
    Yes.Until Exchange either side can withdraw. Or change their offer. For example a buyer can reduce his offer the day before exchange......
    That's what 'Exchange of Contracts' means. Until then there is no contract. Just what some might term a 'gentleman's agreement'.
  • That's how I understand it.
    As a buyer you may want to check any policies/clauses your conveyancing firm/solicitor has in place.  Mine has a 'no completion, no fee' clause which means that, in theory, I'd not have to pay legal fees if the sale isn't successful. However, I imagine I'd need to pay for any related work completed to date (and I wouldn't get any of the disbursements back).
    I know you can get homebuyers insurance but it's usually only valid for very specific scenarios and like most insurance, I imagine there's plenty of ways for the insurer to get out of paying up. However, a friend of mine had it and it proved helpful when she was gazumped. 
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