Advice required after seller pulled out of sale

user1977

gozaimasu said:

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)

No, you're not making any sense. Not sure why you think Scottish law would make any difference - it's the same position in Scotland if either party withdraws before there's a binding contract. The only difference is that that stage will tend to occur a bit faster in Scotland (plus a buyer will generally have lower costs because of Home Reports, the seller providing the searches etc).

Mantis_Toboggan

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.

Nowhere I'm afraid, until you exchange no one is committed to do anything. It's awful sorry about that mate.

Flugelhorn

failed house buying is an expensive business

andy444

Unfortunately it happens. I've had a seller pull out on me before and also someone decide to no longer sell their house to me a few weeks before contracts were due to be exchanged. You can ask nicely for some money but it's extremely unlikely to happen.

Willis75

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.

You can buy an insurance policy quite cheaply that covers you for expenses when a prospective seller pulls out.

Flugelhorn

Interesting re policy - I once lost out when vendors decided not to sell, wish I had known about the insurance then. 

user1977

Willis75 said:

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.

You can buy an insurance policy quite cheaply that covers you for expenses when a prospective seller pulls out.

The OP hasn't been back in the intervening two weeks since they posted here - but we have looked previously at such policies, and they're really quite restrictive about the circumstances they cover - as you could probably figure out if you compare the frequency of deals falling through with what the premiums are.

markod76

Hello,

   I am raising a petition about who should cover the cost if the seller pulls out after searches and other fees has been paid buy the buyer.   Am sorry if this is not the right  place to raise this , but am appalled the UK Govt has allowed this to continue at buyers risk. The same should go for  buyers too to cover the cost of the sellers  too.  This has happened to me twice and am so distraught about it. I do not like new builds so i only  look at old houses. Please sign my petition and lets get this changed .It protects the buyers and sellers too.  change.org Homesellercovercost

markod76

The govt needs to act on this, the estate agent too should caution the seller. I have now lost quite a lot of money and missed out on other properties on the market as i had stopped searching.   write to @chrispincher MP for UK  Housing highlighting this  issue. Its unfair on buyers most especially 1st time buyers who have scrapped together savings to buy their 1st property and loosing out because a buyer changed their mind.   This will continue until there is a compensation involved which both buyer and seller would consider before transaction. 

TheJP

markod76 said:

The govt needs to act on this, the estate agent too should caution the seller. I have now lost quite a lot of money and missed out on other properties on the market as i had stopped searching.   write to @chrispincher MP for UK  Housing highlighting this  issue. Its unfair on buyers most especially 1st time buyers who have scrapped together savings to buy their 1st property and loosing out because a buyer changed their mind.   This will continue until there is a compensation involved which both buyer and seller would consider before transaction. 

It works both ways. If a buyer pulls out then seller will likely have costs from their onward purchase inc EA fees etc.