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Notifying solicitor of withdrawal

Hi

Can someone list a property for rent while in the process of selling it? Long story short is the last part of the process has been delayed and owner has threatened to pull out of sale but has not officially notified my solicitor. I can see there is a listing with another estate agent for the property to be rented out. Is this all above board?

Comments

  • user1977
    user1977 Posts: 19,904 Forumite
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    No rules saying they can't explore various options simultaneously, if that's what you mean.
  • eddddy
    eddddy Posts: 18,735 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 March 2024 at 5:18PM

    There's no law saying that a seller can't list a property for rent, whilst selling it.

    But maybe the buyer should ask the seller (perhaps via the estate agent), why the seller is doing that.

    Long story short is the last part of the process has been delayed and owner has threatened to pull out of sale but has not officially notified my solicitor.

    The concept of the seller "officially notifying your solicitor" isn't really relevant. If the seller is threatening to pull out, you can tell your solicitor to stop work or not. It's up to you.

  • loubel
    loubel Posts: 1,065 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They can advertise it and, I assume, if they get a tenant before you exchange they will withdraw from the sale.

    I would speak to the selling agent though. They might not be aware it has been advertised.
  • Brie
    Brie Posts: 17,607 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Perhaps tell them you are not interested in buying a property if there's a sitting tenant.  If you want to move in it may take a long time to get rid of a tenant so best to have the place empty.
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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
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    Our last landlord put the place on the market and so we moved out. He got a short term tenant in after we left. Ultimately took him 18 months to sell the place and he needed the funds having lost his job and he himself living in rented accommodation (he'd moved further out to get a small house for less than you can charge for a 2 bed flat)
  • benson2221
    benson2221 Posts: 26 Forumite
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    Thanks for the replies guys. Just wanted to clarify that but thought as much
  • NameUnavailable
    NameUnavailable Posts: 3,030 Forumite
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    Thanks for the replies guys. Just wanted to clarify that but thought as much

    You should report this to the EA you are buying through. They may not know about the rental agent and, probably, the contract they have with the vendor will make them liable to pay the EA fees if they were to pull out and let it instead! That alone may make them think twice!
  • benson2221
    benson2221 Posts: 26 Forumite
    Fifth Anniversary 10 Posts
    Thanks for the replies guys. Just wanted to clarify that but thought as much

    You should report this to the EA you are buying through. They may not know about the rental agent and, probably, the contract they have with the vendor will make them liable to pay the EA fees if they were to pull out and let it instead! That alone may make them think twice!
    That's a fair point. I believe the estate agent knows he is thinking of withdrawing and possibly renting but I've seen an advert for rental via another estate agent. As you say that potentially might be a breach of contract with them. 
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