Completion Delay - Won't pay costs

NNLisbon

Hello,

I'm just looking for some next steps advice if possible please. 

I sold my property six weeks ago but we failed to complete on time as my buyer did not send funds in time to complete at the time stipulated in our contracts. In accordance with our contract. I had packed and vacated the property on time and all of my goods were packed in moving vans. 

We waited and waited (being told that funds were arriving shortly) and eventually at 5pm my solicitors advised not to exchange as I was legally vulnerable around my own ongoing chain. 

We ended-up having to send our moving vans back to the depot, booking them back in the following day. I also needed to stay in a hotel with my baby that night. 

Total costs exceed £1200 and I'm loathed to just 'forget it'. 

The buyer won't engage and has ignored requests to pay my costs. They have paid the interest charge but refute needing to pay costs I encountered because of delay. My solicitor has been clear they were in breach of contract and these costs must be covered, but to no avail. 

What is my next course of action? They clearly won't engage and I'm assuming the small claims court is my next option? 

Thanks in advance. 

Doozergirl

At 5pm you were told not to exchange? 

So you were expecting simultaneous and completion?  Without exchange they're liable for nothing. 

HampshireH

Awful situation but In breach of what contract?

Your post says you hadn't exchanged.

user1977

HampshireH said:

Awful situation but In breach of what contract?

Your post says you hadn't exchanged.

But also that their solicitor advises the buyers are in breach of contract, which suggests they had exchanged - perhaps only for the OP's sale and not their purchase?

TheJP

Sounds like the OP had exchanged contracts on their sale but not purchase. Has the funds now cleared and what was the overlap, i think there is something around giving notice to complete after which they are liable for costs? Not 100% on that but would there be anything in your contract that states they are liable for costs? 

babyblade41

Difficult to gauge from OP. 

From what I understand from what you say you were doing a simultaneous exchange & completion which failed .

It is necessary to explain whether exchange actually took place at all as if ,as it sounds, you hadn't, then no liability.

Liability and a 10 day notice to complete can't be enforced if exchange never went ahead 

NNLisbon

Apologies, I had exchanged in December. A typo above...

babyblade41

sorry I'm being a bit thick... you say you exchanged last December , but your solicitor advised against exchange but went ahead anyway ...

If exchange definitely went ahead & completion failed then a notice to complete would be given to your buyer .

If you didn't complete then why didn't you stay in your house as it would still be yours ?

You should, where possible mitigate any costs and keep them to a minimum.

You maybe able to claim any costs of your removal but not a hotel if it wasn't necessary .

Forgive me if I've mis understood 

elsien

babyblade41 said:

sorry I'm being a bit thick... you say you exchanged last December , but your solicitor advised against exchange but went ahead anyway ...

If exchange definitely went ahead & completion failed then a notice to complete would be given to your buyer .

If you didn't complete then why didn't you stay in your house as it would still be yours ?

You should, where possible mitigate any costs and keep them to a minimum.

You maybe able to claim any costs of your removal but not a hotel if it wasn't necessary .

Forgive me if I've mis understood 

Presumably because all their worldly goods were in the back of a van? 

babyblade41

elsien said:

babyblade41 said:

sorry I'm being a bit thick... you say you exchanged last December , but your solicitor advised against exchange but went ahead anyway ...

If exchange definitely went ahead & completion failed then a notice to complete would be given to your buyer .

If you didn't complete then why didn't you stay in your house as it would still be yours ?

You should, where possible mitigate any costs and keep them to a minimum.

You maybe able to claim any costs of your removal but not a hotel if it wasn't necessary .

Forgive me if I've mis understood 

Presumably because all their worldly goods were in the back of a van? 

I suppose but  I'd still rather go & buy a blow up bed and a duvet for a few hours rather than check into a hotel  .Normally you keep a box of basics to take in the car on move day so they are at hand at the other end 

NNLisbon

Hello - apologies, there was a typo above where I said 'exchange' rather than 'complete'. I have corrected below. 

I had exchanged many weeks prior to the competition date. We didn't stay in the house because it was vacant and all beds and other worldly belongings were on a moving van 90mins away. Taking the moving team back to unpack and then repack the next day would have cost even more. 



I'm just looking for some next steps advice if possible please. 

I sold my property six weeks ago but we failed to complete on time as my buyer did not send funds in time to complete at the time stipulated in our contracts. In accordance with our contract. I had packed and vacated the property on time and all of my goods were packed in moving vans. 

We waited and waited (being told that funds were arriving shortly) and eventually at 5pm my solicitors advised not to finalise completion as I was legally vulnerable around my own ongoing chain. 

We ended-up having to send our moving vans back to the depot, booking them back in the following day. I also needed to stay in a hotel with my baby that night. 

Total costs exceed £1200 and I'm loathed to just 'forget it'. 

The buyer won't engage and has ignored requests to pay my costs. They have paid the interest charge but refute needing to pay costs I encountered because of delay. My solicitor has been clear they were in breach of contract and these costs must be covered, but to no avail. 

What is my next course of action? They clearly won't engage and I'm assuming the small claims court is my next option? 

Thanks in advance.