Sellers lied about chain free property

Marvel1

mjane93 said:

Has anyone every experienced something similar to this? Can we ask the seller to compensate extra charges we are incurring due to them lying about it being a chain free property and now making us wait an extra month?   

No, they can pull out before exchange and no compensation - you can do the same.

NameUnavailable

No, you can't get any form of 'compensation'. If you haven't yet exchanged (which must be the case) then you can say you will pull out of the deal unless they can complete by X date (as long as you are sure the solicitors are both otherwise ready to exchange).

If on the other had you have exchanged and now the seller is saying they can't complete by the agreed date yes, you are entitled to compensation for any reasonable costs you incur as a result of their failure.

Jenni_D

The offer becomes a binding contract once the missives (the negotiation phase between seller's and buyer's solicitors) have been concluded. Before that there is no binding contract.

https://www.mygov.scot/buying-a-home/making-an-offer

sheramber

Is the OP buying in Scotland?

Jenni_D

Sorry - I've confused this with another thread 😶

mjane93

sheramber said:

Is the OP buying in Scotland?

No we are buying in England. 

Thank you all for the info. I see we are not entitled to any compensation as we haven’t exchanged. Our rent is actually higher than what our mortgage payments will be so not really saving any money on that front either. 

We have since found out that the house that have purchased is uninhabitable which is why they haven’t moved out even though we were advised they moved out in May?? Anyhow they’ve said it should be 4 weeks until it’s ready however I just find it so odd that they waited until we’ve been chasing them for a date to tell us. 

NameUnavailable

If the house is going to be ready in 4 weeks then they should be in a position to exchange now with completion in 4 weeks time.

Be prepared for further delays if they are not committing yet.

purplebutterfly

mjane93 said:

sheramber said:

Is the OP buying in Scotland?

We have since found out that the house that have purchased is uninhabitable which is why they haven’t moved out even though we were advised they moved out in May?? Anyhow they’ve said it should be 4 weeks until it’s ready however I just find it so odd that they waited until we’ve been chasing them for a date to tell us. 

I would hazard a guess that they are desperately trying to get the new house ready and are as irritated as you by the delay.

They obviously aren't trying to be awkward and probably haven't been able to give an accurate date.  They can't give you an unrealistic formal completion date until they are 100% sure they can make that date.  After you exchange, that date is legally binding.