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House sale falls through. Who is at fault for not checking the mortgage status of the buyer?

Snakes_Belly
Snakes_Belly Posts: 3,725 Forumite
Eighth Anniversary 1,000 Posts Photogenic Name Dropper
edited 13 May 2022 at 9:02AM in House buying, renting & selling
What happens when a sale falls through after three months because the buyer has been unable to obtain a mortgage? 

I was under the impression that this should have been checked out by the agent before the buyer became involved in costs relating to the sale, draft contracts etc.  



Nolite te bast--des carborundorum.

Comments

  • hpsauce86
    hpsauce86 Posts: 195 Forumite
    100 Posts Name Dropper
    Unfortunately although the EA will do checks, it won’t be until the buyers apply for a full mortgage that they’ll know whether they can get it or not, and lenders have tightened affordability so although they may have been pre approved it’s not certain. 
  • MaryNB
    MaryNB Posts: 2,319 Forumite
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    The EA may have asked for their AIP and proof of deposit, but they're unlikely to have read through their three credit reports and looked into the detail of their employment. Unless the buyer used a mortgage broker working for the EA, the EA has very limited scope to assess the buyer's chance of getting a mortgage. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    What happens when a sale falls through after three months because the buyer has been unable to obtain a mortgage? 



    The vendor for waiting 3 months. As that's an excessive amount of time waiting for someone to obtain a mortgage. 
  • Snakes_Belly
    Snakes_Belly Posts: 3,725 Forumite
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    edited 13 May 2022 at 9:15AM
    hpsauce86 said:
    Unfortunately although the EA will do checks, it won’t be until the buyers apply for a full mortgage that they’ll know whether they can get it or not, and lenders have tightened affordability so although they may have been pre approved it’s not certain. 
    Thanks for your response.

    This is not the sale of my own property.  I do realise that initially the buyers may only have had an agreement in principle. What seems particulalry annoying is the length of time it has taken to discover that the buyers had not been able to obtain a mortgage.

    The agent has been zealous over evidence of the funding for the purchase yet could do the same for the sale,



    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,725 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 13 May 2022 at 12:22PM
    What happens when a sale falls through after three months because the buyer has been unable to obtain a mortgage? 



    The vendor for waiting 3 months. As that's an excessive amount of time waiting for someone to obtain a mortgage. 
    I know. Not my sale.

    Nolite te bast--des carborundorum.
  • GDB2222
    GDB2222 Posts: 26,771 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    hpsauce86 said:
    Unfortunately although the EA will do checks, it won’t be until the buyers apply for a full mortgage that they’ll know whether they can get it or not, and lenders have tightened affordability so although they may have been pre approved it’s not certain. 
    Thanks for your response.

    This is not the sale of my own property.  I do realise that initially the buyers may only have had an agreement in principle. What seems particulalry annoying is the length of time it has taken to discover that the buyers had not been able to obtain a mortgage.

    The agent has been zealous over evidence of the funding for the purchase yet could do the same for the sale,


    I’ve been saying for ages that buyers and sellers should vet each other equally thoroughly. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • user1977
    user1977 Posts: 19,022 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    hpsauce86 said:
    Unfortunately although the EA will do checks, it won’t be until the buyers apply for a full mortgage that they’ll know whether they can get it or not, and lenders have tightened affordability so although they may have been pre approved it’s not certain. 
    What seems particulalry annoying is the length of time it has taken to discover that the buyers had not been able to obtain a mortgage.

    Mortgage applications can take a long time. It's possible the time covers e.g. being turned down by one lender and trying again elsewhere. Without more detail, it's difficult to say anyone ought to be blameworthy.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    GDB2222 said:
    hpsauce86 said:
    Unfortunately although the EA will do checks, it won’t be until the buyers apply for a full mortgage that they’ll know whether they can get it or not, and lenders have tightened affordability so although they may have been pre approved it’s not certain. 
    Thanks for your response.

    This is not the sale of my own property.  I do realise that initially the buyers may only have had an agreement in principle. What seems particulalry annoying is the length of time it has taken to discover that the buyers had not been able to obtain a mortgage.

    The agent has been zealous over evidence of the funding for the purchase yet could do the same for the sale,


    I’ve been saying for ages that buyers and sellers should vet each other equally thoroughly. 
    Actions speak louder than words. People make great actors. 
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