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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:
GasPanic · 29/10/2024 09:51

There is no system in England. Your house is not sold until you exchange contracts and you should prepare yourself for the eventuality that the sale can fall through up to that point at any time.

The law doesn't impose any constraints on either side up to that point, so sellers benefit from it as well as buyers for a whole range of reasons.

You are absolutely free as a seller to try to impose reservation fees and prepare homebuyers packs on your buyers. There is nothing to stop you. Whether the buyer will accept that or not is another issue.

If you don't want to sell your house in the conventional way, there is the process of auction, which allows you to sell your house very quickly to an agreed schedule if being able to move on a specific date is important to you.

I've seen threads on here from buyers asking should we pull out at a late stage when we've found something better ? The answer is always do what's right for you. House purchases are big and expensive and people often stretch themselves to the maximum to afford mortgages. It's not a burden people are going to take on without serious consideration.

If people want house buying to be smoother, let's lower house prices to 2x wages. This will make the financial decision of buyers a lot less ruinous if they get it wrong and therefore the decision will be easier.

MilesOfCarpetTiles · 29/10/2024 09:51

Halfemptyhalfling · 29/10/2024 09:17

The conveyancing is taking so long at the moment that it gives people loads of time to have second thoughts they might be waiting to see if interest rates are cut. Or it might be that one of them is about to pull out the relationship

You did the work when you were less pregnant so easier for you now a bit longer and for whoever does buy it.

Hope someone comes along soon.

I agree. The whole process takes far too long and this means more chance of situations changing, people's minds wandering.
Any one sale is never the priority of an agent or solicitor - who ime seem too delight in dragging out simple exchanges of and requests for information for months.

I dread the day we ever go through this again!

BrokenCookies · 29/10/2024 09:50

NeedToChangeName · 29/10/2024 09:37

I think OP is probably in England

In Scotland, we conclude missives (equivalent to exchanging contracts) at a far earlier stage. After that, the person who pulls out is liable for the other person's losses eg if buyer pulls out, they're liable to pay additional costs of re-marketing the property, and the shortfall if house ends up selling for a lower amount

Yes sorry should have stayed am in Yorkshire

OP posts:
nam3c4ang3 · 29/10/2024 09:43

Happened to us, no reason given, we had to sell the house at a loss of 6 figures because of them (had to sell quick as we had to move and get a new place)

Mandylovescandy · 29/10/2024 09:41

Agree it is mad, Scottish system much better and was also much more straightforward when I bought and sold when living abroad

Pleaselettheholidayend · 29/10/2024 09:41

Completely agree, should become binding after an initial 'cooling off' for the buyer and chance to find out more about the property. The system we have really allows unserious people to run amok and it has such horrible consequences for others in the process.

Really sorry, hope you have better luck next time you try

GiantHornets · 29/10/2024 09:40

and the shortfall if house ends up selling for a lower amount

what if it sells for more? Does the buyer who pulled out benefit?

NeedToChangeName · 29/10/2024 09:37

ResultsMayVary · 29/10/2024 08:24

I don't come from the UK and I find it bizarre that the sale doesn't become unconditional after a certain point In other countries there can be huge penalties for failing to settle a sale (as there should be!)

I think OP is probably in England

In Scotland, we conclude missives (equivalent to exchanging contracts) at a far earlier stage. After that, the person who pulls out is liable for the other person's losses eg if buyer pulls out, they're liable to pay additional costs of re-marketing the property, and the shortfall if house ends up selling for a lower amount

sharpclawedkitten · 29/10/2024 09:33

KnottedTwine · 29/10/2024 09:29

It does in Scotland. The system is totally different and here the exchange of contracts is known as "completing the missives". Every sale/purchase is different but the last time we bought here (and sold in England at the same time), we offered at the start of November, the offer was accepted and the missives were concluded at the end of November. Our moving date was set as 31st January.

After the missives were concluded for our purchase problems came to light with the property the sellers were buying - I'm not sure exactly what it was but something around planning permission or building control. They chose not to go ahead with their purchase. But because they had already concluded the missives with us on their sale, they had to go ahead with that or pay us a huge sum in compensation and fees. They ended up moving into rented.

Hmm I guess that is the downside of what i suggested above. You're happy enough to sell your house IF you have something to buy yourself, but if there is a problem with the house you want to buy you are a bit stuffed if you then have to compensate your buyer for pulling out of your sale.

KnottedTwine · 29/10/2024 09:33

I do also know that in recent years the system of concluding the missives very soon after offer accepted has slipped a bit, so it could be that concluding the missives and completion is close together, and there is still room for people to pull out.

sharpclawedkitten · 29/10/2024 09:31

Morethantimeandmorethanlove · 29/10/2024 09:10

Unfortunately the Scottish system is now going down the road of the English system. It is much easier now to back out. Personal experience of 2 lots of friends who were in a chain which collapsed after approximately 5 months and the other after 6 months. They had to start the whole process of selling again.

And the other thing with the Scottish system is the sealed bids/offers over system.

I don't like the idea that eg a house is on the market at offers over £400K but actually you need to bid closer to £500K to get it. That doesn't seem very sensible either (and is something that has been creeping into the English system as well).

Can we overhaul both systems and use the best of each :)

MrsCarson · 29/10/2024 09:29

I don't think I'd buy without paying for Home buyers protection insurance, it doesn't cost as much as all the money you lose if someone drops out late in the game.
We have a ridiculous buy/sell system.

KnottedTwine · 29/10/2024 09:29

ResultsMayVary · 29/10/2024 08:24

I don't come from the UK and I find it bizarre that the sale doesn't become unconditional after a certain point In other countries there can be huge penalties for failing to settle a sale (as there should be!)

It does in Scotland. The system is totally different and here the exchange of contracts is known as "completing the missives". Every sale/purchase is different but the last time we bought here (and sold in England at the same time), we offered at the start of November, the offer was accepted and the missives were concluded at the end of November. Our moving date was set as 31st January.

After the missives were concluded for our purchase problems came to light with the property the sellers were buying - I'm not sure exactly what it was but something around planning permission or building control. They chose not to go ahead with their purchase. But because they had already concluded the missives with us on their sale, they had to go ahead with that or pay us a huge sum in compensation and fees. They ended up moving into rented.

sharpclawedkitten · 29/10/2024 09:27

MyEarringsAreGreen · 29/10/2024 09:22

Yes, I think that there should be a point (after surveys and when finance is in place) that the transaction should be legally binding. One way would be for sellers to have a full survey ready for buyers to see so they know what they are buying and a deposit paid which would be lost if anyone pulls out.

I think that has been suggested before but people said that buyers would not trust a seller's survey. I am not sure why, if it is done by an independent surveyor.

ILikeItWhatIsIt · 29/10/2024 09:26

TheLightSideOfTheMoon · 29/10/2024 08:21

Children aren’t allowed to sell houses.

I think we found the immature child.

sharpclawedkitten · 29/10/2024 09:25

Yes I think that there should be a stage in the process where you sign a "letter of intent" which says "I will buy this house for x price" and the only reasons for pulling out after that are poor survey (where the parties can't agree a lower price to reflect the results of the survey) or the buyer (or seller) losing their job or receiving a serious illness diagnosis/dying suddenly. If you pull out at that stage for any other reason you have to pay a 5% fee to cover legal costs etc. I wouldn't have thought that it would be that hard to implement.

Movinghouseatlast · 29/10/2024 09:23

I've had the same. Exchange was also 2 days before completion so the house was packed up up, removals booked. We had given up our jobs as we were moving area. It cost us £7000 in all. Not even a sorry, they just pulled our as they 'changed their minds'. Arseholes.

I remember the feeling so well, it was like I was going to collapse. The person who was buying from us had given notice on her rental and was technically homeless, she was sending us abusive messages for weeks.

MyEarringsAreGreen · 29/10/2024 09:22

Yes, I think that there should be a point (after surveys and when finance is in place) that the transaction should be legally binding. One way would be for sellers to have a full survey ready for buyers to see so they know what they are buying and a deposit paid which would be lost if anyone pulls out.

1dayatatime · 29/10/2024 09:20

I agree with some form of deposit type scheme but it should also apply to both buyer and sellers. So that if after accepting an offer the seller backs out because they have subsequently received a higher offer then the seller pays the buyer the deposit to cover legal and survey costs etc.

lololulu · 29/10/2024 09:19

No it's not ok in the slightest.

What was their exact reason?

Halfemptyhalfling · 29/10/2024 09:17

The conveyancing is taking so long at the moment that it gives people loads of time to have second thoughts they might be waiting to see if interest rates are cut. Or it might be that one of them is about to pull out the relationship

You did the work when you were less pregnant so easier for you now a bit longer and for whoever does buy it.

Hope someone comes along soon.

Cherrysoup · 29/10/2024 09:16

TheLightSideOfTheMoon · 29/10/2024 08:21

Children aren’t allowed to sell houses.

Don’t be idiotic, you know the OP was referencing their lack of maturity. Given the situation, I don’t think sarcasm/light hearted is appropriate.

I absolutely agree, @BrokenCookies it should be more like the Scottish system, which appears far more sensible. We had a buyer withdraw this year, it’s cost a fortune. Had the same with our first property, multiple buyers ‘changed their mind’ last minute. It’s torturous. I hope you get a good buyer soon.

Trixiefirecracker · 29/10/2024 09:16

It’s shit, it happened to us last year. Fortunately we could sell some of our surveys on that we had done in the property we wanted to move to. However it’s not the end of the world and a bit of perspective is needed. If it’s the worst thing that has ever happened to you then you have been extremely blessed in life.

ConstanceM · 29/10/2024 09:15

It only becomes legally binding at exchange of contracts so if you don't complete (completion) the buyer should be paying you a penalty. As per terms of the exchange of contracts. Prior to exchange of contracts you can pull out, people do this for guzumping or under offering.

BrokenCookies · 29/10/2024 09:15

BabyCloud · 29/10/2024 09:13

I would assume that their two week holiday was actually them looking elsewhere. They will be fawning all over another house without a second thought to what they’ve done to you. With a bit of luck they will lose their dream house last minute too 😆

I thought this! They probably will unfortunately given how common this whole thing seems, very ruthless. It's not the legal transaction people think it is, you're dealing with other people's lives and everything that goes with it. I feel so sorry for everyone else in the chain too.

OP posts:
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