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House purchase fell through. I want seller to pay my legal costs

(53 Posts)
robusttoday Sat 03-Jun-17 11:59:10

We were buying a house, and we were quite near exchange.
Then, out of the blue, the seller decided not to sell.
I've incurred costs. AIBU to expect the seller to re-imburse my costs.
I think I'm probably entitled .....?

Snoopysimaginaryfriend Sat 03-Jun-17 12:04:17

I don't think you're entitled to anything until after exchange. I could be wrong though

MatildaTheCat Sat 03-Jun-17 12:05:44

I fear not but ask your solicitor. Until the contracts are exchanged there is no contract.

PotteringAlong Sat 03-Jun-17 12:06:06

I don't think you're entitled to anything. You could argue that any costs incurred (survey etc) were your own choice.

JustMumNowNotMe Sat 03-Jun-17 12:07:10

Unless you'd exchanged contracts they are perfectly entitled to pull out and any costs will have to be covered by you I'm afraid. Its shit but it happens.

witsender Sat 03-Jun-17 12:07:20

Until exchange there is no commitment. Likewise you could pull out at any point incurring them costs.

SayNoToCarrots Sat 03-Jun-17 12:08:06

For future reference, you can get insurance against this for around £50.

Alicia555 Sat 03-Jun-17 12:08:12

Sorry op I know it's shitty but I don't think you can claim any of the costs back.

Waltermittythesequel Sat 03-Jun-17 12:09:14

Entitled why?

You haven't entered into a contract with them.

weeblueberry Sat 03-Jun-17 12:10:14

What have you incurred costs on?

ThroughThickAndThin01 Sat 03-Jun-17 12:10:43

Nothing due unless you've exchanged.

Vendors or purchasers legally able to pull out without giving a reason.

Whatthefudger Sat 03-Jun-17 12:12:38

You can ask them, they're not legally bound to do it, but some sellers will offer costs as a good will gesture

WellErrr Sat 03-Jun-17 12:13:24

^what they all said.

Crap though. Sorry.

HollyJollyDillydolly Sat 03-Jun-17 12:15:43

Unfortunately it happens, it has happened to us twice. If you haven't exchanged contracts then there's nothing you can do.

HeyCat Sat 03-Jun-17 12:16:59

No, you're not entitled to anything. Seller is fully entitled to pull out (as is buyer) until exchange of contracts.

One of the many flaws in the English property system.

SantasLittleMonkeyButler Sat 03-Jun-17 12:23:49

Sorry, but no. Entitled to nothing until contracts have been exchanged.

If you had changed your minds or been unable to secure the mortgage offer you wanted (for example), would you expect to be paying all of the Vendor's costs to date?

youaredeluded Sat 03-Jun-17 12:24:16

Dream on!

ThePants999 Sat 03-Jun-17 12:28:06

Absolutely zero chance of recovering anything. Sorry.

Creampastry Sat 03-Jun-17 12:29:23

Of course you're not entitled. It's a risk you take and only after you exchange can you recover costs. It's crap but that's the house moving business.

FrancisCrawford Sat 03-Jun-17 12:30:42

If you are in Scotland, then the missives are a binding series of contracts.

ItsNotRocketScienceThough Sat 03-Jun-17 12:30:55

Insurance - who from?

IppyDippyTippy Sat 03-Jun-17 12:33:31

The same thing happened to me last year - the seller pulled out less than 10 hours before exchange - cost me thousands.

Nothing you can do I'm afraid.

Scribblegirl Sat 03-Jun-17 12:34:10

hoa.org.uk/advice/guides-for-homeowners/i-am-buying/homebuyer-protection-insurance/

Wow, carrots - genuinely never knew such a thing existed! Thanks!

SurferRona Sat 03-Jun-17 12:40:19

I call reverse.....

PoorYorick Sat 03-Jun-17 12:40:21

As PPs have said, if you hadn't exchanged then no, seller can pull out. Hence gazumping and gazundering. It's awful, our system sucks bollocks. It's such a terrible problem, I would actually vote Tory if they would solve it.

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