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Relisting a house 8 weeks later

gadget88
gadget88 Posts: 613 Forumite
Tenth Anniversary 100 Posts Name Dropper Combo Breaker
A house I was buying they pulled out a week to go im in Scotland. I had signed my missives but not sure they done there’s. However they relisted 8 weeks later online it says

The seller may also be liable for the buyer's costs. Relisting the property after withdrawing from a sale, especially if done without notifying the buyer, can create legal complications and could be seen as an attempt to leverage a better deal. 

While sellers can relist a property, doing so after pulling out of a sale, especially without informing the buyer, can be problematic. It can be seen as a breach of good faith and could lead to legal action.

Would there be any legal case?

Comments

  • user1977
    user1977 Posts: 18,041 Forumite
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    Who has told you it “could lead to legal action”? What would be the basis for such an action? You never reached the stage of having a contract with them.
  • GDB2222
    GDB2222 Posts: 26,333 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gadget88 said:
    A house I was buying they pulled out a week to go im in Scotland. I had signed my missives but not sure they done there’s. However they relisted 8 weeks later online it says

    The seller may also be liable for the buyer's costs. Relisting the property after withdrawing from a sale, especially if done without notifying the buyer, can create legal complications and could be seen as an attempt to leverage a better deal. 

    While sellers can relist a property, doing so after pulling out of a sale, especially without informing the buyer, can be problematic. It can be seen as a breach of good faith and could lead to legal action.

    Would there be any legal case?
    You are obviously upset about this, but there’s no point starting a new thread. In any case, this is the wrong forum, as it is for discussion of consumer rights against businesses.  

    I don’t know much about the Scottish system of home sales, but I don’t think you have any rights until contracts are actually exchanged. (Known as missives concluded, I think?) Signing your own half of the contract is just a step in the process, and it doesn’t bind the other party. You have been badly treated, but you have no legal recourse, I’m afraid. 


    No reliance should be placed on the above! Absolutely none, do you hear?
  • TELLIT01
    TELLIT01 Posts: 18,090 Forumite
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    The Scottish system is very different to the English one.  The OP needs to speak to a solicitor about this.  I understand, with the Scottish system, that once an offer is accepted there is a legally binding agreement unlike England where either party can pull out at any stage until contracts are exchanged.
  • GDB2222
    GDB2222 Posts: 26,333 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    TELLIT01 said:
    The Scottish system is very different to the English one.  The OP needs to speak to a solicitor about this.  I understand, with the Scottish system, that once an offer is accepted there is a legally binding agreement unlike England where either party can pull out at any stage until contracts are exchanged.
    @user1977 is a Scottish solicitor, and he thinks there’s no basis for a claim. 

    As he said on the OP’s other thread about this, the Scottish system is quicker than the English one, and this leaves less scope for things to go wrong. For example, the property is marketed with a survey and valuation already done, so that’s a whole lot of potential issues already dealt with. 
    No reliance should be placed on the above! Absolutely none, do you hear?
  • user1977
    user1977 Posts: 18,041 Forumite
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    edited 20 August at 10:19AM
    TELLIT01 said:

    I understand, with the Scottish system, that once an offer is accepted there is a legally binding agreement unlike England where either party can pull out at any stage until contracts are exchanged.
    You understand wrongly (so do many Scots!). There is generally a contract at a relatively early stage compared to England, but there is still a pre-contract stage when a price has been "accepted" but the rest of the contract hasn't been concluded, and during which either party can walk away.

    In the old days it was much swifter but contracts are much lengthier than before, nobody trusts lenders to produce mortgage offers in time, people are fussier about e.g. past alterations, etc etc.
  • screech_78
    screech_78 Posts: 630 Forumite
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    I’m in Scotland and recently purchased a house. 

    There is no legally binding contract until the missives have been concluded. We signed  few things after our mortgage was approved however the contract was only binding once both us and our sellers agreed to conclude the missives (which is similar to exchange of contracts in England).

    Only your solicitor can advise you OP, however unless concluded, there’s no comeback for you unfortunately, 
  • Okell
    Okell Posts: 2,773 Forumite
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    Isn't this in the wrong place and should be here - House buying, renting & selling — MoneySavingExpert Forum?
  • GDB2222
    GDB2222 Posts: 26,333 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Okell said:
    Isn't this in the wrong place and should be here - House buying, renting & selling — MoneySavingExpert Forum?
    The OP already asked in that forum, but asked here, too.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Okell
    Okell Posts: 2,773 Forumite
    1,000 Posts Second Anniversary Name Dropper
    So it should be reported as a duplicate post then?

    Didn't he get the answer he wanted?
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