Advice required after seller pulled out of sale

AFCB123

Hello

I was in the process of purchasing my first home in England, when the seller decided to pull out before contracts were exchanged. Having already paid out over £1000 for legal fees and a valuation survey, I received a call to state the seller has decided not to sell anymore. I've now been issued an invoice for almost £500 from my solicitor for "Abortive Costs". Where would I stand if I attempted to get the seller to pay these? I have gone back to the Estate Agent asking that the seller pay these fees but I suspect the answer will be no. Citizens Advice weren't much help. Would a small claims court be viable? Or is that money just gone up in smoke? Any advice would be very appreciated. Thank You.

powerful_Rogue

AFCB123 said:

Hello

I was in the process of purchasing my first home in England, when the seller decided to pull out before contracts were exchanged. Having already paid out over £1000 for legal fees and a valuation survey, I received a call to state the seller has decided not to sell anymore. I've now been issued an invoice for almost £500 from my solicitor for "Abortive Costs". Where would I stand if I attempted to get the seller to pay these? I have gone back to the Estate Agent asking that the seller pay these fees but I suspect the answer will be no. Citizens Advice weren't much help. Would a small claims court be viable? Or is that money just gone up in smoke? Any advice would be very appreciated. Thank You.

Seller has no obligation to pay these costs, as there was no contract between the two of you. I'm afraid these costs are for you to pay.

k3lvc

The money's up in smoke (although you can appeal to their better judgement but they've no obligation to pay anything until contracts exchanged)

user1977

AFCB123 said:

Citizens Advice weren't much help.

Given you've already got a solicitor, why didn't you simply ask them for advice? But there's no prospect of getting anybody else to reimburse your costs, either party is free to walk away at any point before there's a binding contract.

eddddy

You have no legal basis for claiming your losses from the seller. So no scope for a small claims court claim.

I guess you could ask them for a voluntary goodwill payment - but I'd be fairly amazed if they agreed.

AFCB123

Thank You. I guess I'll have to think twice before buying a house in the future!

lookstraightahead

The same as if you had pulled out, which is your prerogative as well.

london21

I had a similar experience. I had paid for just searches, valuation were about to be booked. So annoying when either party decides not to go ahead. 

Hopefully you get something better soon.

deannagone

Some Solicitors do offer a no sale no fee service.  

TBG01

I'm assuming you would've been happy to pay the vendors abortive fees if you had pulled out?

gozaimasu

If you die in England, english law applies, unless you had a legal residence in Scotland. So, move to Scotland then launch your court claim. You don't live in England anymore so Scottish law applies (ok tongue in cheek but I'm so annoyed that this doesn't make any sense)