PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Gazundering threat

Sazot
Sazot Posts: 14 Forumite
Sixth Anniversary 10 Posts

We have made the decision to break the chain and move out due to bullying gazundering threats from our buyers. 

We then find out that their solicitors have made an error with the purchasers names on the contract paperwork that has put the completion date (that we were forced by them to agree with) in jeopardy. It should be this Friday. 

Contracts have yet to be exchanged due to this error. 

We have stated that exchange happens by 4pm tomorrow otherwise completion will have to be delayed a week. We need to know in advance for hiring/cancelling removal vans, taking annual leave, arranging accommodation etc etc. This is reasonable? 

They are still saying that they expect a reduction in price even though the error is their solicitors fault. They are coming across as aggressive. 
We are speechless, frazzled and dismayed.

Any comments or advice?

We did not think that the sols could apply for funds (5 working days notice is usually needed?) without the contracts being exchanged? 

Is there any recourse against their solicitors as the error is down to them? 
«1

Comments

  • anselld
    anselld Posts: 8,654 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 August at 6:45PM
    Not clear.
    Have you actually exchanged contracts?
    What mistake do they claim was made?  The completion date or the price?
    Recourse depends If you have exchanged or not.  If not exchanged then you have none.  If you have exchanged then still none against their Solicitors as they don't work for you but you can enforce the sale contract.
  • Tabieth
    Tabieth Posts: 344 Forumite
    100 Posts Name Dropper Photogenic
    Have you exchanged contracts?
  • Sazot
    Sazot Posts: 14 Forumite
    Sixth Anniversary 10 Posts
    Not exchanged as error is due to incorrect names on the paperwork. 
    Frazzled brain not being clear!
  • user1977
    user1977 Posts: 18,072 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Still not clear to me what's going on, but if you haven't exchanged then everything is still up for negotiation.
  • sheramber
    sheramber Posts: 22,852 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    As you have not exchanged  you could refuse their lower offer and put the house back on the market. 
  • MysteryMe
    MysteryMe Posts: 3,448 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you have not exchanged contracts and you are not in an onward chain, I'd be inclined to tell them toodle pip and put the house back on the market. No one should be making threats or acting like bullies, buyer or seller.
  • Linton
    Linton Posts: 18,224 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Hung up my suit!
    You do not need to submit to your buyer’s demands and threats or put the house back on the market... Rather than you breaking the chain just say “no” and put the pressure on them. There is a good chance they will back down.
  • mlz1413
    mlz1413 Posts: 3,038 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Say no! 
    No you are not prepared to break the chain and move twice.  
    No you are not exchanging and completing on the same day.
    No you are not accepting less money than you agreed.

    The buyers have as much to lose as you, even though they are shouting the loudest.

    Just say you do not accept their terms and understand they will pull out.  It is disappointing at this stage but you will speak to your estate agent to re-market the property. 

    If they don't back off then they can go bully someone else.


  • jimbog
    jimbog Posts: 2,266 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    No need to be bullied. Some FTBs have a disproportionate sense of entitlement usually sometimes spurned on by 'helpful' relatives and friends. I would relist at the original price
    Gather ye rosebuds while ye may
  • saajan_12
    saajan_12 Posts: 5,153 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sazot said:
    We have stated that exchange happens by 4pm tomorrow otherwise completion will have to be delayed a week. We need to know in advance for hiring/cancelling removal vans, taking annual leave, arranging accommodation etc etc. This is reasonable? 

    They are still saying that they expect a reduction in price even though the error is their solicitors fault. They are coming across as aggressive. 
    We are speechless, frazzled and dismayed.

    Any comments or advice? 
    It is absolutely reasonable, and remember if you do those things before exchange, it could all fall through. However ultimately everything is a case of negotiation and who has the upper hand - if you are more keen and think they'll walk away, you may choose to give in on some reasonable things. Equally they've spent time and money on searches, surveys, etc and you might decide they're unlikely to throw it all away for the sake of a week. 

    Negotiation is inherently a tough game of second guessing, so that feeling is normal. Just try to focus on what you think the buyer's alternatives are and if limited, then stick firm to your current price and 5 days between exchange and completion to arrange movers etc, they can decide when exchange is and argue with their solicitor. 

    Sazot said:

    We did not think that the sols could apply for funds (5 working days notice is usually needed?) without the contracts being exchanged? 

    Is there any recourse against their solicitors as the error is down to them? 
    No, the bank doesnt' care about exchange. The solicitor can technically request money x days before expected completion, and simultaneously commit to the bank that they will return the funds if completion doesnt' take place within y days. 
    No recourse against the solicitor - you have no contract with the buyer's sol. Personally I wouldn't get involved in who's mistake and make it the buyer's problem. You're ready to exchange, and completion will be 5 days after the buyer is ready. 

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.7K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.