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To stop his cheque?

(24 Posts)
Sarah2506 Fri 14-Feb-14 16:19:21

So we are selling our flat and buying a house. We sold our flat six months ago for 238k which is very cheap - going rate 250-270k in this part of London. We accepted the offer so that we could secure the house we wanted and did so on the understanding the buyer would pay the 2k contribution towards building work which we are liable for. This softened the blow a little, as it means we effectively got 240k.

Six months later and we lost the original house, found another and were due to exchange last week.

Buyer goes quiet.

He reappears yesterday morning, the absolute last possible date exchange would be possible if we are completing next Thursday. He says he will only exchange if we pay for half the building works, so a grand. He has us over a barrel. I reluctantly agree if we exchange there and then. Exchange then doesn't happen because someone higher up the chain can't be contacted.

We are now trying to renegotiate a completion date. I know he will still be expecting a cheque for the grand he thinks we will pay, despite the fact that my agreement was based on exchanging there and then.

My evil plan is to drop the cheque in just before completion (he isn't expecting it before exchange), wait until we've completed and then stop the cheque. He can sue me if he likes. Nothing is written down. He waited until the last minute and then pulled this stunt. He's buying to let so has no emotional investment.

AIBU to stop the cheque? I know it's petty. But at the moment it seems such a good idea.

LaurieFairyCake Fri 14-Feb-14 16:21:53

Yabu - it's illegal, fraud

Pull out and put your flat back on the market for 270k.

It probably has gone up that much. The house I sold 4 months ago is on for 40 k more than I sold it (with nothing have been done to it)

Sarah2506 Fri 14-Feb-14 16:25:15

Would it also be unreasonable to let my eight month old DD have a lot of nappy free time on the carpet?! Don't want to pull out as I doubt the chain would wait for me, and I want the house!

Brittabot Fri 14-Feb-14 16:25:17

You agreed to give him a cheque conditional on exchange on a certain date,that didn't happen so don't give him a cheque!

Brittabot Fri 14-Feb-14 16:25:58

You agreed to give him a cheque conditional on exchange on a certain date,that didn't happen so don't give him a cheque!

What Laurie says. Don't go getting yourself in trouble. I bet if you tell him to stuff it and you're pulling out he'll back down (cheeky fucker).

Poppy67 Fri 14-Feb-14 16:29:15

Sadly you probably have to pay it. You could accidentally in purpose put the wrong date in to delay the cheque being paid. Or just make sure you leave nothing behind that he can have for free.

Poppy67 Fri 14-Feb-14 16:30:02

I think your dd should experience freedom once in a while
!!!

Mojang Fri 14-Feb-14 16:31:07

Once he has your cheque there is paperwork and you are liable on it unless you can show that the debt it paid doesn't exist.

Agree with other posters.Tell him unless exchange takes place ny x date its going back on the market

Sarah2506 Fri 14-Feb-14 16:33:49

I rationally know its a bad plan. But I want petty revenge. And I don't want to remarket this place as I want my house. Other suggestions for legal petty revenge?

softlysoftly Fri 14-Feb-14 16:46:52

Take the carpets, curtain rails, window keys, plug sockets. Anything not easily un-nailed down or included in the contract basically. Even if you just dump them after.

Not great for the soul though, I think you just need to take a deep breath and move on the your lovely new house.

Chippednailvarnish Fri 14-Feb-14 17:18:31

Mmm, open can of tuna under the floorboards is meant to be quite fragrant.

Nomama Fri 14-Feb-14 18:03:26

Really? You petty, petty individual, you smile

It sounds as though you are projecting your disappointment onto the buyer. He got a good deal and your reason for offering it fell through - that REALLY must stick.

But please have a re-think (once you have enjoyed thinking about free-range babies, tins of tuna, frozen prawns and any other ickiness). Don't let it add to your stress levels.

Either pay the grand or pull out altogether and start again - higher selling price for flat, find new house to buy etc etc.

Don't take fixtures and fittings, he can come back at you for that. But nothing says you have to clean, sweep, air the house, remember to keep the back door closed so the local cats don't use your house as a loo, etc.... oops, back to being petty :D

Sarah2506 Fri 14-Feb-14 18:16:58

I probably won't be too petty, if only because I don't have the energy! I'm pretty sure he will be replacing the carpet as it has a massive hole in it, which he saw when offering. I will just take the stuff I probably would have otherwise left, like curtains etc. I didn't say I'd leave them but probably would have done as a good will thing.

I'm not pulling out. If both this place and local houses have gone up 10% then I'd have a massive short fall; flat gone from 250 to 275 but house has gone from 500 to 550, more stamp duty and 25k gap.

Nomama Fri 14-Feb-14 18:18:38

Ooch! Then we need to help you spend a pleasant hour or so dreaming of hypothetical evils....... smile

NatashaBee Fri 14-Feb-14 18:25:26

Message withdrawn at poster's request.

DisgraceToTheYChromosome Fri 14-Feb-14 19:09:15

Actually, you could take the cistern lid off and bend the plunger hook a bit. It makes flushing infuriatingly hit and miss.

<childish and sneaky>

DisgraceToTheYChromosome Fri 14-Feb-14 19:09:50

Actually, you could take the cistern lid off and bend the plunger hook a bit. It makes flushing infuriatingly hit and miss.

<childish and sneaky>

NatashaBee Fri 14-Feb-14 19:25:16

Message withdrawn at poster's request.

Sarah2506 Fri 14-Feb-14 19:27:57

Top idea:-)

Hissy Fri 14-Feb-14 19:44:10

I had buyers who threatened me when I sold mine. They found my passport while I was moving out and held it for ransom.

I wrote them a cheque, took my passport back and then went home and stopped the cheque.

He's gazundering you. Fuck him! You have an agreement in writing that he's failed to honour, so tell him whatever you can to get to exchange, and ideally his big fat deposit, then stop that cheque!

He can't prove jack shit, where as you can prove the price and agreement.

What a scumbag!

YellowDinosaur Fri 14-Feb-14 19:45:29

Snorting at disgracetotheychromosome's suggestion grin I'll remember that for the future....

YellowDinosaur Fri 14-Feb-14 19:47:13

I'd have reported them to the police for theft hissy.

Cunts like this really get my goat. If you can legally stop the cheque with no comeback I'd do it like a shot.

LessMissAbs Fri 14-Feb-14 19:51:58

I don't think you have a contract actually. I think you have to re-negotiate. He is obviously hoping you stick to the plan of giving him £1000. There comes a point though where you just pull out because its not going to happen. I think that stage has been reached with this buyer. Is he actually going to complete at all? I'd play hardball and go back to the original him paying you £2000 or cancel the whole thing.

Though I'm sure if you made up some semi-plausible excuse about stopping the cheque and then did so, then held off to the point you were actually forced to pay, you could have a bit of fun and cause him a bit of annoyance without actually landing yourself in too much trouble.

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