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AIBU?

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To think there should be a fine for vendors pulling out of a property buy/sell process last minute?

307 replies

BrokenCookies · 29/10/2024 08:19

Just had this happen. Pregnant, strung along for months, collapsed a sizable chain because a couple of immature children think it's acceptable to pull out the day of exchange. I'm broken hearted, wasted all my money and savings and I have never felt so much hatred for two strangers. From speaking to the agent they have no genuine reason, just playing a bit of a game with us all I guess. How is this legal? It is the cruelest thing anyone has ever done to my family and I don't want to start it all again but now I have to with way less money. We had spent months getting our house ready for them as their first home, deep cleaning, painting, repairing.. turns out they never deserved any of it. It's really knocked me and I have no faith in anything now or people but I have to just get on with it :(

Yanbu - there should be a fine to stop this from being possible after a certain point.
Yabu - it's okay for people to do this.

OP posts:
Wn38475 · 29/10/2024 15:55

This is a big slap in the face for you OP.

However, it's a lesson in how society works. Nobody gives a shit about anyone but themselves. They might pretend to, but when push comes to shove, they really don't. People are immoral, selfish, greedy, the whole lot. Never trust anyone. I'm about 15 years older than you, but would have felt similarly to you at your age.

GasPanic · 29/10/2024 15:53

Cherrysoup · 29/10/2024 15:29

Some-not all-searches are (imo) a bit bonkers. Like, is a motorway going to be built through this terraced street, one of dozens in a row? Obviously, some searches are extremely important. It took our buyer 6 weeks to get his searches back because it was ‘holiday season’ yet our side, despite our solicitor being on annual leave, somehow managed to keep everything going at a great pace. I know it’s not the most essential system in the UK, but it needs a serious overhaul (imo!)

Stuff like HS2 and new roads can take whole sections of towns out.

Worse is if something like that is built in close proximity.

Cherrysoup · 29/10/2024 15:49

Itsagreatdaytosavelives · 29/10/2024 13:33

be ready for them coming back with a lower offer @BrokenCookies

Omg, do you think so? Panicking because we exchanged today, finally! I think I’d tell them where to go if they did that, that would be the height of cf.

Miniopolis · 29/10/2024 15:48

Butchyrestingface · 29/10/2024 14:54

Interesting. Thanks. 🙏🏻

It’s been 20 years since I bought a house there but the other thing that was good was they don’t use solicitors but separate ‘escrow’ companies that just get on with it all quickly and efficiently without the ‘black hole’ that seems to happen in the UK. I’m sure there are crappy versions of escrow companies, but the two we used back then weren’t really good, just a transactional thing that they got on with.

Cherrysoup · 29/10/2024 15:29

Chipsahoy · 29/10/2024 09:00

Scottish system is much quicker so there is less time for it to all fall apart. However the searches are non existent it seems. I used to work for a search company in England. There was no option to run searches on our home in Scotland.

Some-not all-searches are (imo) a bit bonkers. Like, is a motorway going to be built through this terraced street, one of dozens in a row? Obviously, some searches are extremely important. It took our buyer 6 weeks to get his searches back because it was ‘holiday season’ yet our side, despite our solicitor being on annual leave, somehow managed to keep everything going at a great pace. I know it’s not the most essential system in the UK, but it needs a serious overhaul (imo!)

GasPanic · 29/10/2024 15:27

UtterlyUnimaginativeUsername · 29/10/2024 15:24

That's not true. You pay a 2%ish 'booking deposit' on sale agreed day, which is completely refundable for any reason. You pay 10% on exchange of contracts, and that's non-refundable. Then the balance on completion.

I've had the same booking deposit on 3 different houses in the last 2 months 🙄

Sounds to me like the booking deposit is completely pointless.

UtterlyUnimaginativeUsername · 29/10/2024 15:24

PurpleDiva22 · 29/10/2024 08:45

How long passes between sale agreed and exchange date? In Ireland, (open to correction on this), the buyer puts down a deposit on sale agreed day, and then arranges the mortgage, surveyors, etc. If a problem arises, they can pull out and get their deposit back, but if they just change their mind with no good reason they lose the deposit. There has to be a cooling off period with every purchase. I'd be inclined to give them the benefit of the doubt that they had good reason to pull out and are probably as devastated as you are that this has fallen through. I doubt people let it go that far just for the craic.

That's not true. You pay a 2%ish 'booking deposit' on sale agreed day, which is completely refundable for any reason. You pay 10% on exchange of contracts, and that's non-refundable. Then the balance on completion.

I've had the same booking deposit on 3 different houses in the last 2 months 🙄

Awfullyawful · 29/10/2024 15:19

We had our buyers email the day before exchange to knock £20,000 off or they were pulling out. Nothing wrong with the house. They were super rich, cash buyers and they knew we would be totally stuck as our tenants had moved out and we were in a chain. I was so angry - and still feel annoyed but we would have lost our lovely house if we didn’t agree.
It’s really shit that this can happen.

kirinm · 29/10/2024 15:07

It's an awful system which breeds distrust on a transaction where trust would be really beneficial!

Sorry OP. I hope you get a buyer quickly.

Butchyrestingface · 29/10/2024 14:54

Miniopolis · 29/10/2024 14:49

It does. There are reasons and contractual clauses that allow legal options to withdraw, but people tend not to risk it just because they’ve changed their minds. They would be in a huge fight to recover their deposit, There isn’t the concept of a chain in the way we have it in the UK.

Interesting. Thanks. 🙏🏻

Miniopolis · 29/10/2024 14:49

Butchyrestingface · 29/10/2024 14:43

Presumably even that wouldn't be enough to stop a chain collapsing in some cases if a buyer pulls out, but does seem to be some kind of safeguard against flibbertigibbets who just withdraw at the 11th hour and wreck complete havoc. Sad

It does. There are reasons and contractual clauses that allow legal options to withdraw, but people tend not to risk it just because they’ve changed their minds. They would be in a huge fight to recover their deposit, There isn’t the concept of a chain in the way we have it in the UK.

Butchyrestingface · 29/10/2024 14:43

Miniopolis · 29/10/2024 14:37

In some American states, you risk losing the full deposit of 20%.

Presumably even that wouldn't be enough to stop a chain collapsing in some cases if a buyer pulls out, but does seem to be some kind of safeguard against flibbertigibbets who just withdraw at the 11th hour and wreck complete havoc. Sad

Miniopolis · 29/10/2024 14:37

EuclidianGeometryFan · 29/10/2024 13:46

This.
Exchange is the point of no return, where a big deposit is paid.
Before exchange, anything you spend is at your own risk, so spend the minimum - survey, perhaps some legal fees for searches. Don't book removals.

Then after exchange, there should be 8 weeks to book your removal van, pack up, etc.

I can see the advantage of the American system of a fee of about £1000 when you make your offer, but you risk paying this and not getting it back if the survey then turns up problems.

In some American states, you risk losing the full deposit of 20%.

redboxer321 · 29/10/2024 14:36

@Butchyrestingface
There's absolutely nothing twattish, as you so charmingly put it, about my reply. But it says something about you that that is your response.

Miniopolis · 29/10/2024 14:35

BrokenCookies · 29/10/2024 08:23

What do you mean?

Instead of empathising with you in a difficult situation, they’re deciding to be pernickety and superior about the specific words you used when you’re really upset. It probably makes them feel good about themselves or something.

Butchyrestingface · 29/10/2024 14:32

redboxer321 · 29/10/2024 14:30

@Butchyrestingface
You could have commiserated with the OP without adding to the already numerous incorrect comments about selling property in Scotland.
And if you'd taken time to read the thread you would have known you were incorrect.
When you hear the same incorrect comments popping up on threads all the time about how much better the system is in Scotland and you've been through a really stressful selling experience, it grinds your gears. In was sheer frustration and a reminder of that bloody awful time that led me to make my sarcastic comment.
Perhaps you could commiserate with that rather than pressing your caps lock, insulting me, saying how you want to block me and that we should avoid each other. I'm sorry but calling someone who does that childish isn't an insult, it's a statement of fact.

Yup, more twattery. Not a surprise.

StormingNorman · 29/10/2024 14:31

Absolutely agree. They should be liable for all legal costs and other sale-related costs such as surveys.

redboxer321 · 29/10/2024 14:30

@Butchyrestingface
You could have commiserated with the OP without adding to the already numerous incorrect comments about selling property in Scotland.
And if you'd taken time to read the thread you would have known you were incorrect.
When you hear the same incorrect comments popping up on threads all the time about how much better the system is in Scotland and you've been through a really stressful selling experience, it grinds your gears. In was sheer frustration and a reminder of that bloody awful time that led me to make my sarcastic comment.
Perhaps you could commiserate with that rather than pressing your caps lock, insulting me, saying how you want to block me and that we should avoid each other. I'm sorry but calling someone who does that childish isn't an insult, it's a statement of fact.

GasPanic · 29/10/2024 14:20

HaleyBrookeandPeyton · 29/10/2024 13:13

I think there needs to be a better system but Im not sure that sellers being responsible for doing the survey etc before putting it on the market would work (the homebuyers pack), as I wouldnt trust that it was done properly or that it wasnt a mate of the sellers who missed out all the bad parts to get them a sale.

I would have little faith in getting a positive outcome against the person who did the survey if I wasn't their client so I wouldnt trust what was given to me and would have to commission my own, which wouldnt save anytime (& was probably why the homebuying packs didnt take off).

However, I think selling in a 'chain' isnt necessary - you should be able to buy a house in 4-6 weeks as a sole purchase and then look for somewhere else to buy after its gone through. Bridging loans would need to be involved and there would also need to be short term lets available which is probably why it wont ever happen.

You also have the issue of what level of survey should be commissioned ?

Some people want expensive surveys on older houses which might have big issues.

Others are cash buyers and are happy to proceed with zero survey.

Different people have different ideas of how much risk they want to take. Some people feel confident because they are good at assessing problems themselves.

Butchyrestingface · 29/10/2024 14:17

Itsagreatdaytosavelives · 29/10/2024 13:33

be ready for them coming back with a lower offer @BrokenCookies

I know someone who did that. Waited until the last gasp and then said they'd only proceed with sale if vendors knocked £££ off price.

I don't think there was anything wrong with the property - this was just the way he did business. And to him, the buying and selling of property was a business.

Butchyrestingface · 29/10/2024 14:14

redboxer321 · 29/10/2024 13:47

Gosh, you don't really like being called out on your ill-informed comments, do you? Straight to the nasty little insults.
I think you'll find I was exaggerating so as to make the point.
You come across as very childish to be honest. Perhaps you were one of the OP's buyers.

An "ill informed comment" - it was a mild qualified statement on something that I said I didn't "think" happened in Scotland, not a sworn statement in a court of law. And yet you immediately jumped in with the sarcastic, arsy comments and clearly didn't like being called out on THAT. There was no need to make ANY "point", sarcastic, exaggerated or otherwise since I commiserating with the OP and made an observation on something I didn't think happened where I live - not to imply for a moment that other stressful things in the buying/selling process don't happen here.

You think I'm childish and perhaps one of the OP's buyers and I think to you're a smug, hectoring idiot. So I suggest we just avoid each other - though doubtless you'll want the last word. 🙄

redboxer321 · 29/10/2024 13:47

Butchyrestingface · 29/10/2024 11:39

Well, you certainly got your facts wrong when you tried to imply my position was somehow "all properties sales and purchases in Scotland complete without even the slightest hint of stress or bother." Especially when my initial comment was a qualified "Don't think..." rather than some concrete statement.

I guess that makes you wrong AND a sarcastic dick. What a pity there isn't a block button on here for posters like you.

Gosh, you don't really like being called out on your ill-informed comments, do you? Straight to the nasty little insults.
I think you'll find I was exaggerating so as to make the point.
You come across as very childish to be honest. Perhaps you were one of the OP's buyers.

EuclidianGeometryFan · 29/10/2024 13:46

MrsJoanDanvers · 29/10/2024 10:58

I think part of the problem is the recent custom of a very short period between exchange and completion. When I started buying houses many years ago, it was standard to have 4 weeks or more. This meant you had time to plan your life if things went wrong-once exchange had happened you knew everyone was committed. Our recent purchase was exchange and completion on the same day-very stressful for all involved and a nightmare trying to arrange planning of services in case someone pulled out. You have my deepest sympathy OP, it’s a horrible thing to happen to you and if other countries can have a more rigorous system, why can’t we?

This.
Exchange is the point of no return, where a big deposit is paid.
Before exchange, anything you spend is at your own risk, so spend the minimum - survey, perhaps some legal fees for searches. Don't book removals.

Then after exchange, there should be 8 weeks to book your removal van, pack up, etc.

I can see the advantage of the American system of a fee of about £1000 when you make your offer, but you risk paying this and not getting it back if the survey then turns up problems.

Itsagreatdaytosavelives · 29/10/2024 13:33

be ready for them coming back with a lower offer @BrokenCookies

angellinaballerina7 · 29/10/2024 13:24

No worries, I had to go back to find where id got it!

Estate agent fees too? And photographs and stuff? Because I see your point about solicitor fees (I’m in Scotland so the survey stuff is a bit different), but estate agent fees are surely on the seller. No one asked you to list the house after all.

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