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Selling 100% owned house. 2 cash buyers. Solicitors fees

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Comments

  • user1977
    user1977 Posts: 17,605 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    GDB2222 said:
    jbrassy said:
    When you sell a house, you are going to need to engage a solicitor straight away once a sale price is agreed. This is because you will need to complete legal society forms (like TA6). Theoretically you could just not fill out those forms, but that would be a red flag to a pot of buyers. Further, when you correspond with the sellers, it's also worth running it past a solicitor to ensure you're not mistakenly saying something misleading.

    Also, just because someone is a cash buyer, it doesn't mean they won't get a survey. Ultimately they are paying £170,000 for the house. Most people will want to ensure it's all maintained as they expect. 

    Buyers can pull out at any time before exchange and you always run the risk of having to fork out legal costs in this case. You could get a no sale no fee solicitor, but I personally wouldn't use them as they're incentives aren't necessarily aligned with yours. You can also get insurance to cover legal fees if sales fall through, but again this costs money.

    At the end of the day, you lost £600, but you stand to gain £170,000 for basically doing nothing. You're pretty lucky.
    If you have two buyers, how about an old fashioned contract race?!
    Surely that just guarantees that you'll have abortive legal fees for at least one set of negotiations?
  • Albermarle
    Albermarle Posts: 27,537 Forumite
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    chanz4 said:
    cash buyers can be pains down the line, as think hold all the cards and gazump
    Gazumping is what the seller does, buyers gazunder .
  • GDB2222
    GDB2222 Posts: 26,092 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 8 December 2024 at 7:26PM
    user1977 said:
    GDB2222 said:
    jbrassy said:
    When you sell a house, you are going to need to engage a solicitor straight away once a sale price is agreed. This is because you will need to complete legal society forms (like TA6). Theoretically you could just not fill out those forms, but that would be a red flag to a pot of buyers. Further, when you correspond with the sellers, it's also worth running it past a solicitor to ensure you're not mistakenly saying something misleading.

    Also, just because someone is a cash buyer, it doesn't mean they won't get a survey. Ultimately they are paying £170,000 for the house. Most people will want to ensure it's all maintained as they expect. 

    Buyers can pull out at any time before exchange and you always run the risk of having to fork out legal costs in this case. You could get a no sale no fee solicitor, but I personally wouldn't use them as they're incentives aren't necessarily aligned with yours. You can also get insurance to cover legal fees if sales fall through, but again this costs money.

    At the end of the day, you lost £600, but you stand to gain £170,000 for basically doing nothing. You're pretty lucky.
    If you have two buyers, how about an old fashioned contract race?!
    Surely that just guarantees that you'll have abortive legal fees for at least one set of negotiations?
    True, there must be some increase in the total cost, but most of the work is the same for both buyers. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • EssexHebridean
    EssexHebridean Posts: 24,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    user1977 said:
    GDB2222 said:
    jbrassy said:
    When you sell a house, you are going to need to engage a solicitor straight away once a sale price is agreed. This is because you will need to complete legal society forms (like TA6). Theoretically you could just not fill out those forms, but that would be a red flag to a pot of buyers. Further, when you correspond with the sellers, it's also worth running it past a solicitor to ensure you're not mistakenly saying something misleading.

    Also, just because someone is a cash buyer, it doesn't mean they won't get a survey. Ultimately they are paying £170,000 for the house. Most people will want to ensure it's all maintained as they expect. 

    Buyers can pull out at any time before exchange and you always run the risk of having to fork out legal costs in this case. You could get a no sale no fee solicitor, but I personally wouldn't use them as they're incentives aren't necessarily aligned with yours. You can also get insurance to cover legal fees if sales fall through, but again this costs money.

    At the end of the day, you lost £600, but you stand to gain £170,000 for basically doing nothing. You're pretty lucky.
    If you have two buyers, how about an old fashioned contract race?!
    Surely that just guarantees that you'll have abortive legal fees for at least one set of negotiations?
    Not necessarily - there’s a good chance that one or both buyers will say no thanks, we’re not playing those games, and walk away! 
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
    Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
    £100k barrier broken 1/4/25
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    she/her
  • Let me get rid of all the answers above and be straight.

    No.

    There's no way you may not waste your £600. Unless you're in Scotland, buyers can pull out right up until the day of exchange. It's the risk you take selling a house.

    Either move in, or accept that it's a risky proposition.
  • user1977
    user1977 Posts: 17,605 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper

    Unless you're in Scotland, buyers can pull out right up until the day of exchange.
    The equivalent also applies in Scotland, it's just (usually) a swifter process with less faffing about for months before that point.
  • user1977 said:

    Unless you're in Scotland, buyers can pull out right up until the day of exchange.
    The equivalent also applies in Scotland, it's just (usually) a swifter process with less faffing about for months before that point.
    Well I guess broadly true. Missives can be done in a number of days, but I guess you've already committed to the conveyancer in terms of costs.
  • Probably too late now but you could have chosen to sell at auction (traditional sort) which commits the buyer on fall of the hammer.
  • Probably too late now but you could have chosen to sell at auction (traditional sort) which commits the buyer on fall of the hammer.
    yes, we tried trad auction in Sept.  Didnt make the reserve (150k) so i didnt bother again.  People want the thing for chips and its not happening.  I may just hang onto the place, and market it next spring if the market picks up. 
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