We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

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!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Verbal Offer agreed but changed at the last minute, what are my rights.

13»

Comments

  • user1977
    user1977 Posts: 19,640 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper

    I expect you're replying to other people's comments, but if you don't quote them it's difficult to make sense of who or what you're responding to.

  • Dustyevsky
    Dustyevsky Posts: 3,153 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    edited 7 March at 7:59AM

    Welcome to the Forum. People get what you are saying, but the advice here has to be clear and accurate. Expressions of sadness or moral outrage on your behalf will not change anything.

    You asked what your rights are in this case, and the answer is not what you want to hear. However, the house with your name on it is out there somewhere, and you'll find it. I'm sure contributors here wish you all the best in your search.

    "The forest was shrinking, but the trees kept voting for the axe. The axe was clever and convinced the trees that since his handle was made of wood, he was one of them."

  • mta999
    mta999 Posts: 512 Forumite
    100 Posts Name Dropper

    If the house builder offered your price for your house subject to you buying their house and you agreed then a contract was formed unless (and this is important) they said 'subject to contract'

    Otherwise you have a valid binding contract and if you suffer a financial loss as a result of them.pulling out you can sue them

  • eddddy
    eddddy Posts: 18,582 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 March at 10:26AM

    mta999 said

    If the house builder offered your price for your house subject to you buying their house and you agreed then a contract was formed unless (and this is important) they said 'subject to contract'

    Otherwise you have a valid binding contract and if you suffer a financial loss as a result of them.pulling out you can sue them

    That's not correct for sales of land (including sales of houses).

    Section 2 of Law of Property (Miscellaneous Provisions) Act 1989 applies to those type of sales.

    That section begins:

    law of property.jpg

    …and it continues with other requirements.

    See : https://www.legislation.gov.uk/ukpga/1989/34/section/2

    So the OP had no contract - because nothing was in writing and other requirements for a contract to exist hadn't been met.

    And in any case - I'm pretty certain that the OP did not want to enter into a binding contract at that stage. The OP's solicitor hadn't done any searches; the OP's mortgage lender hadn't done a valuation or made a mortgage offer; etc.

    So It would probably have been super-reckless for the OP to enter into a binding contract to buy the house at that stage.

  • Isthisforreal99
    Isthisforreal99 Posts: 1,168 Forumite
    1,000 Posts Photogenic Name Dropper

    Yes, if I really wanted the house. £5k is less than 1% of the purchase price.

  • Emmia
    Emmia Posts: 7,307 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper

    I'd also suggest that if the OP doesn't have the wiggle room, that they need £300k and cannot purchase at £295k that they're pushing their affordability too much for the next house.

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
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 261.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K 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.