Completion Date passed but nothing happened?

Adezoo

Hi guys, I wanted to ask what are my rights if the completion date has passed but nothing has happened from the seller side? Is it possible for me to cancel the contract and get all my money and legal fees paid back? 

esubbs

Have you exchanged yet? 

Adezoo

esubbs said:

Have you exchanged yet? 

It was an auction property. 

eddddy

Was it an unconditional auction? (i.e. You were committed to buy - usually with completion in 28 days.)

Presumably you instructed a solicitor and gave them all the paperwork. (Hopefully, you didn't just do nothing!)


Are you saying that the seller's solicitor refused to respond to your solicitor?


If it was an unconditional auction, it sounds like somebody is in breach of contract if completion didn't happen - but you'd need to provide more details to get an idea whether it was you or the seller who breached the contract.

Amixo3032

Here we go ..

Was it an unconditional auction? You were committed to buy - usually with completion in 28 days.

Presumably you instructed a solicitor and gave them all the paperwork. Hopefully, you didn't just do nothing !!!! *mad * 

eddddy

Amixo3032 said:

Here we go ..

Was it an unconditional auction? You were committed to buy - usually with completion in 28 days.

Presumably you instructed a solicitor and gave them all the paperwork. Hopefully, you didn't just do nothing !!!! *mad * 

That's a very strange response. It might help if you can explain the point you're trying to make?

I'm not sure how your post is helping the OP.

Adezoo

Amixo3032 said:

Here we go ..

Was it an unconditional auction? You were committed to buy - usually with completion in 28 days.

Presumably you instructed a solicitor and gave them all the paperwork. Hopefully, you didn't just do nothing !!!! *mad * 

The completion was set within 20 working days. I did my own work, I’ve been sending several emails everyday. Responded to my emails on time. Sent back all details. Money is readily available and I’ve waited on the day of completion but no response. Not sure how you would call that me doing nothing…

Adezoo

eddddy said:

Was it an unconditional auction? (i.e. You were committed to buy - usually with completion in 28 days.)

Presumably you instructed a solicitor and gave them all the paperwork. (Hopefully, you didn't just do nothing!)


Are you saying that the seller's solicitor refused to respond to your solicitor?


If it was an unconditional auction, it sounds like somebody is in breach of contract if completion didn't happen - but you'd need to provide more details to get an idea whether it was you or the seller who breached the contract.

Yes that’s right although completion was within 20 working days. The seller chose the completion date not myself but I was okay with it. I’ve instructed my solicitor and from my side we were all ready for days, I had the money available and all documents and checks were done already. But never received the document from the seller. So I am asking if the completion date has passed and the seller didn’t complete, can I cancel the contract and get the money+fees I have paid? 

I think that would be fair as I’ve made sure to prepare everything for completion but not looking to do any late completion, simply don’t have time.

user1977

We'd need to see your contract - presumably your solicitor advised you what it meant? Didn't they explain what happened if either party failed to complete on the completion date?

london21

Adezoo said:

Hi guys, I wanted to ask what are my rights if the completion date has passed but nothing has happened from the seller side? Is it possible for me to cancel the contract and get all my money and legal fees paid back? 

With auction property you need to give more details.

You already deposited 10% hopefully fault not with you because they not only take the deposit but other losses. 

Adezoo

user1977 said:

We'd need to see your contract - presumably your solicitor advised you what it meant? Didn't they explain what happened if either party failed to complete on the completion date?

It says that the person at fault would have to pay compensation to the other party and it is calculated at the contract rate. Although my point is that I am not interested in chasing the completion with the seller but I am looking to cancel the contract entirely. The purchase was a “mistake” and I wanted to pay for it since there was a contract but I was looking to sell it once completion was over. That didn’t happen and I am not interested in trying to do any late completion as I do not have time.