Missive breach what can we claim?

Brianglasgow2022

Hi me and my partner have “bought” a house in Aberdeen but the seller has today informed us that they have pulled out.Missives we’re signed etc but they can’t sell now.
However we have also “sold” our house we’re currently in and signed missives so where do we stand in all this?Were in Edinburgh so both properties in Scotland if that makes a difference?
What can we legally claim for from our new house purchase breach?As apart from lawyer fees etc we’re not physically out of pocket.
Our house buyers have said if we can’t do the agreed date “Tuesday” then they will pursue us and don’t want the house.
Can I legally claim for a loss we make in one missive against the other or are they two separate contracts.

user1977

Presumably you know of this via your solicitors so...what's your solicitor's advice? Presumably they went through the offers and gave you an idea of what the contracts said about such scenarios before you concluded missives? Why can't your seller proceed?

You can claim your costs from your seller, so potentially putting your stuff in storage and yourselves into a hotel or other accommodation while you find something else to buy.

Guide here to the standard missive terms, if that's what has been used:

https://www.lawscot.org.uk/media/373299/clients-guide-to-ssc-5.pdf

dimbo61

Sorry but I think you need the help of your Scottish solicitor on this one 

ProDave

Just because missives have been signed, does not mean they have been concluded.  THAT is when it becomes binding.

Speak to your solicitor URGENTLY.  Stop wasting time on a forum.

sheramber

After missives are signed the solicitors have to exchange missives for conclusion of missives. Has that been done?

user1977

ProDave said:

Just because missives have been signed, does not mean they have been concluded.  THAT is when it becomes binding.

Yes, my advice above assumes that the OP means they have actually concluded missives for both transactions. There's nothing to be claimed in relation to a contract which hasn't been concluded.

ProDave

As I understand it in a chain like this, the missives are concluded for all transactions at the same time.  So the "fault" is with your seller who is trying to pull out.

It really does need professional advice, one option might be to conclude your sale and move into a rented house while you look for another to buy and get your vendor to cover the costs of that.