House I was buying back on market

MyRealNameToo

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

gadget88

MyRealNameToo said:

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

Thanks they basically said morally they should have paid but they never and they don’t have to basically so nothing can be done not sure if they will charge a fee me to tell me they couldn’t help. I assume they would tell me a price in email if there was. I think it was the legal secretary who got back 

MyRealNameToo

gadget88 said:

MyRealNameToo said:

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

Thanks they basically said morally they should have paid but they never and they don’t have to basically so nothing can be done not sure if they will charge a fee me to tell me they couldn’t help. I assume they would tell me a price in email if there was. I think it was the legal secretary who got back 

"Morals" have very little to do with it and it may not even be their fault for pulling out, you originally said it's the builders fault as their purchase is delayed. 

Solicitors generally work on a Time & Materials basis and you should have already been provided the billing structure which should also say to what unit they go down to (minute, 5 minutes, 15 minutes etc). As a non-routine letter you get billed for however long it takes for them to review the case, draft and send the letter then again for dealing with the response they get back plus possibly chasing a reply if its not prompt... for routine letters the Law Society states they should charge no more than 6 minutes which would apply for chasers being sent. 

gadget88

MyRealNameToo said:

gadget88 said:

MyRealNameToo said:

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

Thanks they basically said morally they should have paid but they never and they don’t have to basically so nothing can be done not sure if they will charge a fee me to tell me they couldn’t help. I assume they would tell me a price in email if there was. I think it was the legal secretary who got back 

"Morals" have very little to do with it and it may not even be their fault for pulling out, you originally said it's the builders fault as their purchase is delayed. 

Solicitors generally work on a Time & Materials basis and you should have already been provided the billing structure which should also say to what unit they go down to (minute, 5 minutes, 15 minutes etc). As a non-routine letter you get billed for however long it takes for them to review the case, draft and send the letter then again for dealing with the response they get back plus possibly chasing a reply if its not prompt... for routine letters the Law Society states they should charge no more than 6 minutes which would apply for chasers being sent. 

Thanks no the email just said about how they couldn’t help will they send it a few weeks later or something or does it come right away? I think when I googled it around £30 per email but sometimes don’t charge 

GDB2222

gadget88 said:

MyRealNameToo said:

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

Thanks they basically said morally they should have paid but they never and they don’t have to basically so nothing can be done not sure if they will charge a fee me to tell me they couldn’t help. I assume they would tell me a price in email if there was. I think it was the legal secretary who got back 

As I understand it, you had a buyer lined up, and you didn't proceed with them because your onward purchase didn't progress. You obviously feel strongly that your purchaser should not be out of pocket simply because you withdrew from the sale. Can I just check how much you paid them? 

Own_Kaleidoscope_848

That’s a proper kick in the teeth. Until the missives are signed folk can basically do what they like, so sadly you’ve just been caught out by the system. Sounds like their new build must’ve sorted itself and they fancied a fresh start with another agent. Doesn’t mean your offer wasn’t good just means they changed their mind. Bloody annoying after you’d gone £25k over though!

MyRealNameToo

gadget88 said:

MyRealNameToo said:

gadget88 said:

MyRealNameToo said:

gadget88 said:

elsien said:

Was it not premature to be selling all your furniture when missiles haven’t been concluded? 

If you have used Google AI for the above statement, don’t necessarily expect it to hold water. 

So it said 

AI Overview

In the UK, it's legal for a seller to pull out of a house sale before contracts are exchanged, even if they haven't informed the previous potential buyer. While there may not be legal penalties, the seller could face fees from their estate agent and solicitor. The previous buyer can't force the sale to proceed, but they may be able to claim back some costs like legal fees. 

My question i promoted was seller relisted house after pulling out without telling previous purchaser

The fact that the AI hasn't appreciated the difference in legal system between England & Wales -v- Scotland is enough to highlight how much confidence you should have in what its said. 

In England you'd have no right to recover any costs if the withdrawal happened before exchange. This is a Scottish transaction so beyond my knowledge other than it involves missives rather than missiles. 

Ultimately your solicitor should be the one advising on if the transaction had got to the point of no return or where fees can reclaimed from the other side. 

There are a host of reasons why sellers pull out and certainly some of them may be temporary even if they think it was permanent when making the decision to pull out. 

Thanks they basically said morally they should have paid but they never and they don’t have to basically so nothing can be done not sure if they will charge a fee me to tell me they couldn’t help. I assume they would tell me a price in email if there was. I think it was the legal secretary who got back 

"Morals" have very little to do with it and it may not even be their fault for pulling out, you originally said it's the builders fault as their purchase is delayed. 

Solicitors generally work on a Time & Materials basis and you should have already been provided the billing structure which should also say to what unit they go down to (minute, 5 minutes, 15 minutes etc). As a non-routine letter you get billed for however long it takes for them to review the case, draft and send the letter then again for dealing with the response they get back plus possibly chasing a reply if its not prompt... for routine letters the Law Society states they should charge no more than 6 minutes which would apply for chasers being sent. 

Thanks no the email just said about how they couldn’t help will they send it a few weeks later or something or does it come right away? I think when I googled it around £30 per email but sometimes don’t charge 

The cost will depend on the hour rate of the lawyer that drafts it. In the last deal I did the junior associate on secondment was £150 an hour so £30 would be excessive for them dealing with a routine email but would represent about 12 minutes for him to write a non-routine email which doesnt feel too bad. His boss on the other hand was billing £1,200 per hour so £30 would be 1.5 minutes of their time which is a fairly optimistic timescale in which to open a case, draft and proofread an email and send it. 

sheramber

gadget88 said:

It also says this

If a seller relists with a new estate agent after previously instructing one, you may be able to claim back legal fees if the sale falls through due to the seller's actions. However, it depends on the terms of the contract with the original estate agent, the reason for the sale falling through, and whether the original introduction is still considered the "effective cause" of the sale. 

And If a seller pulls out of a sale and relists with a new estate agent after a few weeks, it can be frustrating for the buyer, especially if they've already incurred costs. Legally, the seller is in breach of contract if they pull out after exchange of contracts, potentially leading to legal action and financial penalties. The buyer can pursue various remedies, including serving a notice to complete, claiming compensation for costs, or even seeking to enforce the sale (specific performance). 

Bold doesn’t apply in Scotland. You do not exchange  contracts.

Scottish law applying to buying houses is not the same as the rest of the UK . General advice on the internet applies to UK. 

You have to state you are asking about Scotland. 

The sale  is not complete until missives are concluded. This happens when both parties  have signed missives.  This is usually done by your solicitor on your behalf, after advising you that  both sides are ready.
 

The best person to advise you if you have any recourse  available is your solicitor. 

MeteredOut

sheramber said:

gadget88 said:

It also says this

If a seller relists with a new estate agent after previously instructing one, you may be able to claim back legal fees if the sale falls through due to the seller's actions. However, it depends on the terms of the contract with the original estate agent, the reason for the sale falling through, and whether the original introduction is still considered the "effective cause" of the sale. 

And If a seller pulls out of a sale and relists with a new estate agent after a few weeks, it can be frustrating for the buyer, especially if they've already incurred costs. Legally, the seller is in breach of contract if they pull out after exchange of contracts, potentially leading to legal action and financial penalties. The buyer can pursue various remedies, including serving a notice to complete, claiming compensation for costs, or even seeking to enforce the sale (specific performance). 

Bold doesn’t apply in Scotland. You do not exchange  contracts.

Scottish law applying to buying houses is not the same as the rest of the UK . General advice on the internet applies to UK. 

You have to state you are asking about Scotland. 

The sale  is not complete until missives are concluded. This happens when both parties  have signed missives.  This is usually done by your solicitor on your behalf, after advising you that  both sides are ready.
 

The best person to advise you if you have any recourse  available is your solicitor. 

We've been through this - the OP was asking AI generic questions and getting AI slurp.

To summarise the thread: missives were not concluded and OP's vendor pulled out because their new build was not ready. Because of that, the OP pulled their house off the market as they had no-where to go, and had to buy their furniture back. It's not nice when it happens, but no chance of any recourse against the OP's vendor.

I'm not sure how they got int the position of having a completion date in mind with a date one week after the point in time missives were not concluded. OP has been asked but has not explained what their solicitor said/is saying.

elsien

And that has already pointed out, if the OP has recourse against the vendor then presumably the people buying from the OP also have similar costs to request from the OP?