Seller as a change of mind.

Nicki

This happened to us. Legally there is nothing you could do, but the estate agent made it clear to the vendors how much expense and heartache they had caused, and I followed this up with a phone call to them, in which I said very much the same thing (without getting nasty with them, though I was sorely tempted!!). The upshot was that they offered to pay our survey costs, which we gratefully accepted. It's worth a try as you have otherwise nothing to lose. In the meantime, you have my sympathies as this is horrible when it happens to you.

honeybee3939

Thankyou all for your kind replies.

Well today a bit of good news, the estate agent have contacted us to say the people whom have backed out of the sale will give us half the costs of the survey charges.:j On condition we give them a copy of the survey.

Im a little confused why they want a copy of the survey, or maybe they are just inqusitive of the report. The property was put on the market before HIPS, if they changed there mind again and put the house back on the market would they be able to use this survey as part of thier selling tool, or would they have to start from fresh and get a HIPS?

Thanks in advance.

Keeping_Positive

Im not sure but I wouldnt give them a copy as I am thinking along the same lines as you. They will use it if they put the house back on the market.

If they dont want to sell why do they need a copy of the survey? Anything serious in it you would have advised them, and either pulled out or used as a bargaining tool.

shazkhan111

just to move it off at a tangent ....can a seller back out after exchange of contract??

HeadInSand_2

Sounds like a good way of getting a half-price survey done... Sting a buyer for half the cost. You may as well accept it, the survey is useless to you now and you're gonna lose the whole amount otherwise. Snakes.

Nicki

The copyright in the survey is owned by the surveyor so even if you give it to the vendor they can't use it without the surveyor's consent for their HIPs and the surveyor will probably want a fee for this. It's no skin off your nose to give them it for half the money, so why not if the alternative is not to and not get any money back either?

mr.broderick

What kind of survey was it?

honeybee3939

Hi

It was a "Homebuyers Report Survey"

Thanks for all the replies, i was just curious to know if this survey could be used if they want to sell again.( I have a feeling they will because the house needs completely modernising) i was very bitter yesterday regarding us having to pay costs because of no fault of our own, but feel better today knowing they are going to pay half to the survey.

Thankyou all for all your kind replies.

KiKi

Hi honeybee

I know what you mean about feeling bitter when a seller pulls out; it can really uspet you when you have your heart set on a place, and have put money into it. All I would say is that anyone at any time can pull out of a sale - the buyer included, so it can work both ways: sometimes to your advantage, and sometimes not. My buyer pulled out a week before exchange. He lost the money he'd already spent, obviously, but I then lost the house I had put an offer in on (I eventually got it back, but I was devastated at the time).

I'm not making light of how horrible it is, at all, because it's a very frustrating process when it doesn't go smoothly. But if it makes you feel any better, at least they pulled out now, and not later on; you weren't close to exchange having spent even more money on land searches etc.

Shazkhan111 - yes, a seller or buyer can pull out after exchange but it's so incredibly costly as you are usually liable for all related costs, including your buyer not having anywhere to live. (I don't know legally what you're liable for, but when I had exchanged on my first flat I was paranoid my buyer would pull out before completion until I realised that he would have to forfeit his 10% deposit and pay all my costs relating to the purchase of my second property as a result. I then assumed he was unlikely to do that and it put my mind at rest!)

KiKi

shazkhan111

i understand that a buyer can pull out, but can a seller pull out and what costs would they incur? Are they likely to do this