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AIBU?

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

52 replies

robusttoday · 03/06/2017 11:59

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 .....?

OP posts:
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Snoopysimaginaryfriend · 03/06/2017 12:04

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

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MatildaTheCat · 03/06/2017 12:05

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

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PotteringAlong · 03/06/2017 12:06

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

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JustMumNowNotMe · 03/06/2017 12:07

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.

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witsender · 03/06/2017 12:07

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

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SayNoToCarrots · 03/06/2017 12:08

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

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Alicia555 · 03/06/2017 12:08

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

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Waltermittythesequel · 03/06/2017 12:09

Entitled why?

You haven't entered into a contract with them.

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weeblueberry · 03/06/2017 12:10

What have you incurred costs on?

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ThroughThickAndThin01 · 03/06/2017 12:10

Nothing due unless you've exchanged.

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

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Whatthefudger · 03/06/2017 12:12

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

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WellErrr · 03/06/2017 12:13

^what they all said.

Crap though. Sorry.

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HollyJollyDillydolly · 03/06/2017 12:15

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

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HeyCat · 03/06/2017 12:16

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.

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SantasLittleMonkeyButler · 03/06/2017 12:23

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?

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youaredeluded · 03/06/2017 12:24

Dream on!

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ThePants999 · 03/06/2017 12:28

Absolutely zero chance of recovering anything. Sorry.

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Creampastry · 03/06/2017 12:29

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.

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FrancisCrawford · 03/06/2017 12:30

This reply has been deleted

Message withdrawn at poster's request.

ItsNotRocketScienceThough · 03/06/2017 12:30

Insurance - who from?

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IppyDippyTippy · 03/06/2017 12:33

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.

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Scribblegirl · 03/06/2017 12:34

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

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

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SurferRona · 03/06/2017 12:40

I call reverse.....

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PoorYorick · 03/06/2017 12:40

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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PoorYorick · 03/06/2017 12:42

If it's a reverse, it's the most pointless one ever. This is a simple point of law, no shades of grey, and presumably the seller knows the answer or they wouldn't have pulled out.

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