My seller pulled out the night before completion and six years on I am trying to rescind contract

flossie1968

I don;t know if anybody can help me but in a nutshell the chap that was selling me his house pulled out the night before completion. Six years later and after trying to get the Official Solicitor and Public Trustee to represent him (they won;t unless I pay the seller's costs), I now need to rescind the contract. Has anybody been int his situation before and have any advice. My solicitor has been no help and is very slow....

SDLT_Geek

Is this the background to the story here? https://forums.moneysavingexpert.com/discussion/5248440/seller-will-not-complete-after-exchange/p1

k3lvc

6 years on saying your solicitor is slow seems a bit of an understatement. But what is it you're now looking for ? Presumably you never moved into the property and you have your deposit back ?
Seller will not complete after exchange...... — MoneySavingExpert Forum

greatcrested

Seller is bankrupt?

Forgive my ignorance but why doyou need to rescind?

flossie1968

SDLT_Geek said:

Is this the background to the story here? https://forums.moneysavingexpert.com/discussion/5248440/seller-will-not-complete-after-exchange/p1

Yes it is!! Still rambling on!

flossie1968

6 years on saying your solicitor is slow seems a bit of an understatement. But what is it you're now looking for ? Presumably you never moved into the property and you have your deposit back ?
Seller will not complete after exchange...... — MoneySavingExpert Forum

I never moved into the property and the seller's solicitors won;t give me my deposit back! Until I get a court order. The only court order I got was one which asked the Official SOlicitor and Public Trustee to represent the seller. They have taken three years to say the seller doesn;t have capacity and will only represent the seller if I underwrite the costs. Having lost upwards of 50K I am not prepared to do that.

AdrianC

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

flossie1968

greatcrested said:

Seller is bankrupt?

Forgive my ignorance but why doyou need to rescind?

So I can get my deposit back....

k3lvc

flossie1968 said:

greatcrested said:

Seller is bankrupt?

Forgive my ignorance but why doyou need to rescind?

So I can get my deposit back....

Seriously ? 6 years on and you're £50k down ? What (exactly) do your solicitors say ?

flossie1968

AdrianC said:

I hope there isn't an attempt to claim for 6yrs of £500/wk holiday accommodation...

So you were buying, deposit was paid at exchange... completion never happened because of a critical mental health crisis outside the vendor's control.

I presume the deposit has (long since!) repaid?
This isn't an attempt for specific performance of the contract - to force completion...?

No deposit back as yet! seller's solicitors still have it. I tried to sue the seller for breach of contract but he doesn;t have capacity (I am struggling with my own mental health after this issue) so now I can only try and rescind the contract.

flossie1968

k3lvc said:

flossie1968 said:

greatcrested said:

Seller is bankrupt?

Forgive my ignorance but why doyou need to rescind?

So I can get my deposit back....

Seriously ? 6 years on and you're £50k down ? What (exactly) do your solicitors say ?

I asked my solcitor to rescind the contract in November last year and today he has told me he hasn;t done it yet. My reason for posting on here is that I want to try and do it myself rather than keep throwing money at the problem....