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    • pinklady21
    • By pinklady21 1st Dec 17, 3:21 PM
    • 562Posts
    • 384Thanks
    Vendor messing us about
    • #1
    • 1st Dec 17, 3:21 PM
    Vendor messing us about 1st Dec 17 at 3:21 PM
    We have been trying to buy a house for about 5 months. We viewed and offered within about a week of it coming onto the market. While there had been other viewings, all had walked away when they saw the state of the place and the amount of repairs that needed done.

    It has been a victorian former family home but latterly used as a holiday home for friends and family. It is damp, needs new kitchen and bathroom, has woodworm etc etc. There is land and other buildings with it which are also very dilapidated.
    We offered the asking price, which was slightly below(about 10k) Home Report value, which the vendor accepted.

    At that point, we had accepted an offer on our house, and were waiting for our buyer to conclude missives (Scotland). Our buyer wanted a date of entry in August, but the vendor refused to give us our preferred entry date - as "they were going on holiday and would not have time to clear the place."
    There have also been other issues where the vendor has been downright intransigent.

    Anyway - the Home Report recommended specialist reports for dampness, and if the cost of remedy exceeded his ballpark estimate of 10k, to advise the surveyor as he would then look again at the value.
    The repairs cost estimates came back at 30k. Our offer had been subject to carrying out checks and surveys on the property.

    We went back to the vendor, showed them the reports, and as we had not known these costs at the time of making our offer, then asked if they would consider a small reduction of 10k in the offer price. So, while less than the original asking price, it was still within 10k of the H/R value same as our original offer.

    This offer was refused. So, reluctantly, we decided we would suck it up and to proceed on the basis of our original offer.

    At this point, our buyer pulled out. We then had to apply for a mortgage to buy the new property, rather than use the proceeds of that sale. However our mortgage was agreed in principle, the lender just needs an updated valuation.

    The vendor decided to put the house back on the market, even though we advised we were going to raise a small mortgage to enable us to proceed.

    At this point, in Scotland the usual practice is for the vendor to request a Home Report refresh if required. Usually costs about 150 plus VAT. We have advised them on 3 occasions now that we need this report for our lender and cannot proceed without it.

    Not only is the vendor refusing to arrange this, they have now said via their solicitor (who sounds fairly fed up dealing with them) that they were instructed to formally withdraw from our offer to them, as they have another buyer interested and want to go with them instead.

    Thing is - it is still on the market, not showing up on agents website as Under Offer - as it was when our offer was accepted.

    I am spitting mad with them. We have conducted negotiations in good faith, and feel that we have been messed about at every stage, incurring costs in the process.

    It seems we can:
    1. Try and persuade them to sell to us as they accepted our offer ages ago
    2. Walk away and chalk it up to experience
    3. Sit it out a bit longer and see if this purported "sale to someone else" materialises
    3. Anything else?

    Sounds to me like we have a really awkward individual here, who has inherited the property, doesn't want it, but doesn't seem to want any one else to have it either!!!

    Anyone been here before and able to offer sage advice?
    Thank you!
Page 2
    • googler
    • By googler 2nd Dec 17, 1:23 PM
    • 14,777 Posts
    • 9,692 Thanks
    OK I am hugely confused as normally when you make an offer in Scotland it is for both price and entry date. So surely when you accepted the offer for your own home the entry date would have already been agreed?
    Originally posted by cr1mson
    Yes, with the buyers of the OP's house, but the OP couldn't get the seller of their target purchase to agree to the same;

    "we had accepted an offer on our house, and were waiting for our buyer to conclude missives (Scotland). Our buyer wanted a date of entry in August, but the vendor refused to give us our preferred entry date"
    • pinklady21
    • By pinklady21 2nd Dec 17, 1:46 PM
    • 562 Posts
    • 384 Thanks
    The thing about offers in Scotland, as happens elsewhere, I imagine, is that they are subject to negotiation. Even if accepted, nothing is binding until Missives are Concluded (similar to Exchange in E and W, I think).
    So, while we accepted an offer from our buyers, and the vendor accepted an offer from us both of which contained an entry date in August, in both cases the other side came back to say they could not do that date.
    We have no comeback whatsoever, as there is no concluded and therefore binding, bargain.
    Ironically, before we found the house we wanted to buy, we were having trouble finding somewhere else to live by August, and asked our buyers if they would be more flexible on the entry date and give us a bit more time. They refused, stating that the date of entry was essential for them. They then prevaricated for 3 months over the deal, and finally withdrew without giving a reason.
    I sincerely hope that our next house, wherever it is and whenever we find it, is our last house. I never want to go through this stress again!
    • Littlebobo1981
    • By Littlebobo1981 2nd Dec 17, 2:05 PM
    • 180 Posts
    • 271 Thanks
    No wonder you are so stressed, think it's time to chalk this one do to experience
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