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  • FIRST POST
    • HannahRakey
    • By HannahRakey 12th Apr 18, 3:56 PM
    • 3Posts
    • 6Thanks
    HannahRakey
    Offer accepted 6 months ago and vendors show no signs of moving - ultimatum offered and no response.
    • #1
    • 12th Apr 18, 3:56 PM
    Offer accepted 6 months ago and vendors show no signs of moving - ultimatum offered and no response. 12th Apr 18 at 3:56 PM
    Hi there,

    I'm just after a bit of advice or to hear is anyone has ever been through something similar.

    We had an offer accepted on a house that we absolutely loved in October and were told at the time that the vendors hadn't found a property yet (despite the fact the house went up for sale in the June). We didn't really mind because some people don't start looking until once they've got a buyer so we left them to it and were told in November that they had 7 viewings lined up so we thought something would come about. We didn't hear anything over Christmas and contacted the estate agent in January where we were told that they still hadn't found anywhere and were still looking.

    4 months later we said we were going to put the mortgage offer in and get the surveys done but we we're advised not to do this by the EA and vendor! After this we left them to it for 5 weeks hoping that the EA might contact us with an update rather then us having to chase them every other week but we heard nothing so we contacted them again to be told that the estate agent hadn't heard from them for a while and if we want to move soon we should look elsewhere. Please bear in mind that we have a buyer who we need to keep happy who has luckily been so patient, but our vendors and their estate agent don't seem to care.

    So 6 months since our offer was accepted and 0 signs of moving forward anytime soon - we offered them an ultimatum. We would increase our offer by 10k to the asking price on the grounds that we get a completion date set within the next 2 months or we will be withdrawing our offer. This was put to them on Monday. It's now Thursday and we have heard nothing!

    I'm getting increasingly fed up, especially because this is the first hurdle and we haven't even got to the hard part yet!

    Does anyone have any advise/ similar experience they could share?

    Thank you!!
Page 2
    • kinger101
    • By kinger101 13th Apr 18, 6:42 PM
    • 4,437 Posts
    • 6,166 Thanks
    kinger101
    The ultimatum was pointless. It's better just to keep looking (pref. for no-chain properties) and then withdraw when you find one you like the same or even more.
    • Cakeguts
    • By Cakeguts 13th Apr 18, 9:55 PM
    • 4,714 Posts
    • 6,904 Thanks
    Cakeguts
    Withdrawing was a good idea because the owners of that house are trying to buy something that doesn't exist. They are trying to buy a house that is too expensive for what they can get for theirs.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 14th Apr 18, 4:13 AM
    • 2,640 Posts
    • 4,178 Thanks
    ScorpiondeRooftrouser
    hen us having to chase them every other week but we heard nothing so we contacted them again to be told that the estate agent hadn't heard from them for a while and if we want to move soon we should look elsewhere.


    .... their estate agent don't seem to care.

    !
    Originally posted by HannahRakey
    The estate agent is paid by the vendor. They cannot tell you "ignore these people, they are time wasters".

    However, what they have said to you pretty much translates to that. They have done all they can to let you know what the situation is.

    If an estate agent suggests even for a moment you should look elsewhere, look elsewhere.
    • dunroving
    • By dunroving 14th Apr 18, 9:54 AM
    • 1,280 Posts
    • 888 Thanks
    dunroving
    What goes around comes around. They will still be sitting there dreaming in a year, waiting for offers, while you will be in your nice new house.
    (Nearly) dunroving
    • googler
    • By googler 14th Apr 18, 10:58 AM
    • 14,814 Posts
    • 9,724 Thanks
    googler
    I've said this before in this forum, but I see this as one of core failings of the system in E&W; acceptance of an offer without commitment to anything other than price (and perhaps not even that).

    In a Scottish sale, the price forms part of the offer and acceptance, but when a seller accepts an offer, they are also accepting;

    1. An Entry Date, upon which they agree they will hand the house over to the buyer, once the price is paid

    2. The inclusions and exclusions from the sale - what E&W terms the Fixtures and Fittings list

    3. The terms of the contract governing the sale. These are in the form of standard contract clauses.

    E&W are thrashing out 1 - 3 long after the offer has been accepted, but they should form part of the offer and acceptance - otherwise, the offer acceptance means nothing.

    The OP would not be in this position if E&W adopted the same system. The Govt is making noises about increased regulation for EAs, but to my mind, that's the least of the problems.

    Change the system for the most benefit.
    • dunroving
    • By dunroving 14th Apr 18, 11:27 AM
    • 1,280 Posts
    • 888 Thanks
    dunroving
    I've said this before in this forum, but I see this as one of core failings of the system in E&W; acceptance of an offer without commitment to anything other than price (and perhaps not even that).

    In a Scottish sale, the price forms part of the offer and acceptance, but when a seller accepts an offer, they are also accepting;

    1. An Entry Date, upon which they agree they will hand the house over to the buyer, once the price is paid

    2. The inclusions and exclusions from the sale - what E&W terms the Fixtures and Fittings list

    3. The terms of the contract governing the sale. These are in the form of standard contract clauses.

    E&W are thrashing out 1 - 3 long after the offer has been accepted, but they should form part of the offer and acceptance - otherwise, the offer acceptance means nothing.

    The OP would not be in this position if E&W adopted the same system. The Govt is making noises about increased regulation for EAs, but to my mind, that's the least of the problems.

    Change the system for the most benefit.
    Originally posted by googler
    Perhaps you can explain the difference between Scotland and E&W in terms of what happens at the point of "exchange" (missives in Scotland; contracts in E&W), as I am still trying to get my head around this.

    Used to be (maybe still is) that in Scotland, when your offer was accepted, you were legally bound to buy (and the seller to sell). So what is the exchange of missives (in Scotland) for?
    (Nearly) dunroving
    • googler
    • By googler 14th Apr 18, 12:16 PM
    • 14,814 Posts
    • 9,724 Thanks
    googler
    Conclusion of missives is where solicitors agree that all provisions in the communications (missives) which have passed between them are agreed. The sale is then legally binding. Historically, there may have been a time when acceptance of offer was legally binding, but I've never known it, and I first bought in the 1980s.

    https://www.blaircadell.com/property/quick-guide-to-property-legal-terms/

    https://www.lawscot.org.uk/for-the-public/what-a-solicitor-can-do-for-you/buying-and-selling-a-property/

    https://www.emwllp.com/latest/property-contract-formation-in-scotland/

    https://grigor-young.co.uk/backing-out-of-a-house-purchase-or-sale-when-is-it-too-late/
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