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to ask for recompense?

(9 Posts)
stairbears Sun 31-May-15 12:02:25

My father died unexpectedly last year, concealed alcoholism related, and the last 11 months have been hell as my sister and I have been dealing with his estate...

Part of which is the unconventional home I live in - a little 2 bed timber eco lodge in a field in west Cornwall.

We had a buyer all lined up, £190K cash offer accepted, my sister and I had offers accepted on other properties, mortgages approved, surveys & searches done, conveyancing paperwork for the lodge all sent off...

Our buyer has a retirement flat to sell and assured us that she would be able to get a bridging loan or sell to an investment buyer for a reduced rate if the flat wasn't sold in May.

Well, the flat hasn't sold, despite being prepared to let it go cheaply for a quick sale, and the back-up plan promises were just pie in the sky!

Anyway, AIBU to seek recompense from the buyer? I know English law doesn't offer any such thing until exchange of contracts (which we haven't), but would it be unreasonable to ask them for a copy of the favourable survey they had done on the lodge, for instance?

I'm heartbroken that we may lose the property we've offered on, and fallen in love with! Kicking myself for not scrutinising their funding sources better...

Flossyfloof Sun 31-May-15 12:04:50

You can ask for what you like. Before exchange she is not in breach of contract. Did your solicitor not make these enquiries on your behalf?

Flossyfloof Sun 31-May-15 12:06:11

Don't lose heart regarding your other property, the seller would have to t the house back on the market and wait while all the paperwork was done so y are still a good bet if you can sell swiftly.

Icimoi Sun 31-May-15 12:14:05

I doubt that a copy of the survey would help you. Unless you get a cash buyer, any mortgage company is still going to insist on their own survey.

stairbears Sun 31-May-15 12:46:25

Flossyfloof - we're doing our own conveyancing as things are straightforward. Solicitor probably would have flagged our vulnerable position up weeks ago... kicks self again

Icimoi - the property isn't mortgageable as it's fully timber construction - literally a log cabin in a three-quarter acre rural field... So hopefully a survey already done would be helpful to a cash buyer, saving them £400+?

CitrineRaindropPhoenix Sun 31-May-15 12:58:03

The survey is likely to belong to the mortgage co rather than the buyer and they're very unlikely to agree to pass it on.

Also, if I were buying sny house at all, let alone an unconventional one, I wouldn't consider accepting the sellers survey rather than obtaining one myself.

One of the key benefits of appointing a solicitor or surveyor in s house purchase is the ability to sue them if they've missed something. I wouldn't give that up.

CitrineRaindropPhoenix Sun 31-May-15 12:59:23

Ok. I've seen your reply to Ici. I still vanishingly few buyers would want to buy that unless they either had a survey of wanted to develop the whole plot.

Flossyfloof Sun 31-May-15 13:08:57

I have paid cash for several properties and didn't bother with a survey. I wouldn't advise anyone to do that unless they know what they are doing, but lots of cash buyers might not bother.
I would seriously advise moving forward now, forgetting the previous buyer and concentrating on getting a new one. If you lose the property you really wanted try not to cry, there will always be other houses.

stairbears Sun 31-May-15 13:17:13

Thank you both - there are a couple of other interested parties and we'll move on now... Fingers crossed that someone soon has £190K for a 5 year old log cabin with amazing views and a big field in Cornwall smile

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