Pulling out before exchange

cherry76

Had to pull out before exchange. Is there a penalty?

jaybeetoo

Only what you’ve spent so far on surveys, mortgage application costs, valuation, legal fees incurred to date, etc. There is no penalty for pulling out before exchange.  

Albermarle

No, as until exchange you have no legal agreement in place.

However you will have spent some money already, on solicitors or surveys for example, then most/all of that will be lost

DE_612183

also any goodwill between you and estate agents - if you are still looking to buy they may not look on you as favourably 

cherry76

Thank you. It’s just my brother is having severe mental issues and my mother has instructed the solicitor to pull out. The solicitor wants to speak to my brother he has got capacity to say he wants to buy the flat. We know he will not be able to look after himself. He is forgetful and will not be able to manage his online account by himself. So if no money transfer no e change. GP wants £45 to write a letter. He has already spent money, on building, searches etc. I reckon he owes solicitor at least over £1000 or more.

Voyager2002

cherry76 said:

Thank you. It’s just my brother is having severe mental issues and my mother has instructed the solicitor to pull out. The solicitor wants to speak to my brother he has got capacity to say he wants to buy the flat. We know he will not be able to look after himself. He is forgetful and will not be able to manage his online account by himself. So if no money transfer no e change. GP wants £45 to write a letter. He has already spent money, on building, searches etc. I reckon he owes solicitor at least over £1000 or more.

Does brother have capacity?

Does mother have any legal right to over-rule his decision?

This kind of thing could blow up in so many ways...

Tabieth

cherry76 said:

Thank you. It’s just my brother is having severe mental issues and my mother has instructed the solicitor to pull out. The solicitor wants to speak to my brother he has got capacity to say he wants to buy the flat. We know he will not be able to look after himself. He is forgetful and will not be able to manage his online account by himself. So if no money transfer no e change. GP wants £45 to write a letter. He has already spent money, on building, searches etc. I reckon he owes solicitor at least over £1000 or more.

I’m sorry to hear this. If your brother has capacity, your mother cannot make this decision for him. The solicitor will quite rightly want that instruction from him, not from his mother. Does he have an advocate? 

lincroft1710

The decision is your brother's, not your mother's unless she has Power of Attorney over him. As your brother is their client, his solicitor takes instructions from him, not your mother.


If the GP wants £45 to write a letter, so be it. Not excessive, especially when compared to the costs of house buying