Advice Please - House Sale Fell Through

FingersCrossed_2

Hi All,

Been visiting this fantastic site for ages but this is my first post - so please be gentle with me.

I am in a difficult situation and would like to call on your wisdom for help. My partner and I bought a property together last year. Prior to buying together we both owned our own properties. OH managed to sell his before we bought which made the new house possible. However, my house still required work to be finished.

My house has been on the market since October last year. I got an offer in January which I accepted. There was some discussion in the months that followed and I even reduced the price to make things easier for the buyer. Long story short - he signed the missives in March and pulled out 2 weeks after signing! Reason - he didn't have a mortgage! Ahh.

I don't want to go into everything this guy has done but he has never given any consideration to me. I've been as understanding and accommodating as possible and he has totally messed us about. So... I am keen to pursue him for everything I can. I know what he is legally obliged to pay. The problem is he seems to have done a vanishing act and his solicitor has pretty much washed his hands of the situation saying he is no longer in contact with him.

My solicitor is really good and has continued to send letters but we are sending them to an address he has probably moved from.

I am determined to pursue this on principle if nothing else. He has to be held accountable for his actions and I have given him every opportunity to settle this between us.

I am now thinking about hiring a debt collector to track him down but don't know if this is a good idea. Also, not sure who is best to use as I am sure there will be a lot of crooks out there. He will owe us thousands and we are super skint at the moment so I really want to get this moving.

Any advice, suggestions, sympathy (ha ha) welcome.

Thanks

Emma

FingersCrossed_2

Should probably have mentioned i'm in Scotland, so Scottish law.

Thanks

neas

Live and let live?

Its sign of the times... what has it cost you? A house isn't sold until money changes hands or is it?

FingersCrossed_2

It's going to be at least £5000 - but could be much more.

Not sure about England but in Scotland as soon as Missives are signed you have a legal obligation. He is responsible for costs incurred until house sells or until 6 months from missives date - whichever comes first. Basically in Scotland signing the missives means it is a done deal and all you have to do it swap money and keys. It's a serious and legal commitment.

I know I should just put it down to experience but this guy really has put us through he!l.

m1ntie

Hi, I am sorry to hear of your problem. It sounds to me as though you are "flogging a dead horse" in terms of getting any money out of your purchaser.
First of all you have to find him, which could cost a considerable amount of money. Then you have to take legal proceedings against him - more money.

He probably doesnt have any assets and even if you got a judgement against him, he would simply ignore it or disapear again. This whole process could be very time consuming and stressful and distract you from getting on with finding another buyer for your house.

This leaves you with an important decision to make. Do you cut your losses and walk away or do you stand on principles and pursue the matter even though you could end up with even higher losses and a great deal of stress.

There are unfortunately, many dishonourable and selfish people in this world and the legal system often gives them an unfair advantage over the rest of us.

Whatever you decide I wish you the best of luck.

Regards

FingersCrossed_2

Thanks M1ntie. It's such a tough time.