breach of contract

jging

can somebody please help me?

i am buying my first house, i was due to move in last friday (1st feb) however the current owner is refusing to move out even though all documents have been signed. my solicitor has only told me that the owner is in breach of contract and could be sued after ten days but how much would this cost? how much would i recieve? :mad: :mad: :mad: :mad: :mad:

clutton_2

i would have thought the most important question to ask your solicitor was "when can i get him out - when can i have a roof over my head " rather than be worrying about how much you can get out of him right now

Geenie

This is probably a daft question, but has your money to pay for the house gone through into the sellers account and is this the problem? When I have sold houses in the past, despite whatever had been signed and completed, we were told bu our solicitor not to give up the keys until the money was in our bank account. Only you mention documents being signed, but not that you have actually paid for the place, and there is a difference.

chappers

If you have exchanged contracts and set a completion date and he fails to complete by the date set, your solicitor can issue what is called a notice to complete.This gives him ten days in which to complete, if he doesn't you can sue him for any costs incurred due to the aborted sale, your solicitor will be able to tell you what these are they will include his fees.
When this becomes more worrying is when you are the purchaser,if you fail to meet completion and are served a notice to complete and fail to meet that, the vendor can pull out of the deal and keep your deposit, plus sue for expenses incurred.If he is buying another house and has exchanged on that one and paid a deposit,get your solicitor to give his vendors solicitor (2 solicitors up the chain from yours)a nudge and pusuade him to issue a notice to complete.Thinking he may lose his deposit should sharpen his mind and hurry him up.

PasturesNew

If you have paid, if he has had your money, then he is there illegally and your solicitor will sort it all out.

You will be reimbursed your additional costs, which will vary depending on your circumstances. Your solicitor will help with that.

There's no black and white. If you have completed and he has your money he is 100% in the wrong.

Beyond that, your solicitor is the only one who can advise you in this situation.

Worra numpty .... what IS the seller playing at??

chappers

probably delaying as his finance hasn't come up for his purchase.A dangerous game to play if some part in a chain he could be sued up and down the chain like mad.

jging

thanks everyone for trying to help. to clutton - i have a roof over my head at my parents, i have a thousand questions that i want answering and i am trying to find out answers one question at a time as im very confused by the whole situation and i am not just in it for "seeing what i could get out of him"

jging

papers had been signed but no deposit had been transfered. solicitor rang yesterday to inform me that the current owner has ten days to leave so this takes me upto monday if he hasnt budged he will have to pay compensation to me whether id get this is another matter as he hasnt played by the rules so far. it also came to light on friday that the house was due to be repossesed last monday but the current owner has an extention-shouldnt my solicitor of found this out before now?

maninthestreet

jging wrote: »

papers had been signed but no deposit had been transfered. solicitor rang yesterday to inform me that the current owner has ten days to leave so this takes me upto monday if he hasnt budged he will have to pay compensation to me whether id get this is another matter as he hasnt played by the rules so far. it also came to light on friday that the house was due to be repossesed last monday but the current owner has an extention-shouldnt my solicitor of found this out before now?

This is a little confusing. Contract exchange must have taken place, and you would have paid the vendor a deposit at that time. The vendor does not have to move out until completion of the contract, when all outstanding monies are paid by the buyer to the seller.

Jorgan_2

The fact that your solicitor is saying he has 10 days to move out, sounds like you have completed on the purchase & the property is under licence, but its a little confusing as you say that monies haven't changed hands. Can you confirm whether you have exchanged & completion has taken place?

chappers

Basically as I see it they have exchanged and completion was set for 1st of Feb guy is refusing to move so solicitor has served a notice to complete which gives the vendor 10 days to fullfil his contractural obligations. How come you did not pay him a deposit when you exchanged(very unusual).
If he fails to complete on the 11th you can sue him for any costs incurred due to the aborted sale.
Unfortunately I don't think you can make him move out or sell to you.