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To confront sellers who pulled out last minute

208 replies

Lemonyslice · 27/11/2024 00:13

We were meant to exchange tomorrow, completing next Friday 6th, but the sellers pulled out last minute. "Changed their minds" apparently. The full story of this purchase is long and pretty wild, the sellers have been chaos from the day we put in our offer.

We need to leave our rented flat at the end of December as our tenancy is ending and our landlord wants to sell in the New Year. So we now have nowhere to live, and have wasted a ton of money on surveys and a solicitor.

Can I go round to theirs and ask for some contribution towards the costs of their "changed minds?"

OP posts:
stichguru · 27/11/2024 18:59

Legally they've done nothing wrong. There is nothing preventing you from confronting them, they might apologise and pay you something, or they might sue you for harassment and quite rightly win.

soupfiend · 27/11/2024 18:58

Bellyblueboy · 27/11/2024 18:53

There is insurance for this very eventuality. Hurt feelings are of course not covered, but conveyancing costs, mortgage fees, surveys etc can be.

I realize you are trying to be clever, but who do you think insurance companies claim off when someone dies?

Im not trying to be clever, what does that mean?

With something like car insurance for example, the other person is hopefully insured so if something goes wrong and you claim, they then claim from the other party, simples

In this case, there is no other party even though another party caused the issue, its not like a tree falling on your house

What is the insurance and where do you get it, I havent heard of it, I was agreeing with another poster that this isnt something Ive heard of, no need to be snarky.

pinkstripeycat · 27/11/2024 18:55

Flatandhappy · 27/11/2024 00:17

Of course you can’t and you risk an accusation of harassment if you go near them. The English system of buying and selling houses is truly shit and you have my utmost sympathy but please don’t do it.

Don’t be silly. One visit wouldn’t be considered harassment 😂

Bluelane · 27/11/2024 18:54

A lot of stick for the people who pulled out, without any knowledge of why (which is key). I agree it’s horrible conduct if they have just changed their mind but there might be a very good reason. You’re the victim of a bullshit system where this can happen without any consequences.

Bellyblueboy · 27/11/2024 18:53

soupfiend · 27/11/2024 18:46

Yes what sort of insurance would that be, and pay out what? Lost money, hurt feelings? Who do the insurance company claim off?

There is insurance for this very eventuality. Hurt feelings are of course not covered, but conveyancing costs, mortgage fees, surveys etc can be.

I realize you are trying to be clever, but who do you think insurance companies claim off when someone dies?

soupfiend · 27/11/2024 18:46

Yes what sort of insurance would that be, and pay out what? Lost money, hurt feelings? Who do the insurance company claim off?

CrispWinterSunshineBright · 27/11/2024 18:28

cantthinkofausernametoadd · 27/11/2024 00:25

Dust yourself off and Chalk this down to experience. Next time buy home buying insurance. Hoping you find a new buyer soon.

Never heard of home buying Insurance! How does that work?

PassingStranger · 27/11/2024 16:14

Tiredandteasytoday · 27/11/2024 06:56

That's really awful. Horrible people. Maybe when they do eventually decide they want yo sell thay will be let diwn last minute too.

I hope you find an alternative place to live soon.

Why are they horrible?
You don't know the reason.

samarrange · 27/11/2024 15:33

babyproblems · 27/11/2024 07:41

This is not exactly true but sort of. You can pull out if you can’t get finance- that’s a legitimate reason to pull out and is accepted as so. We’ve never paid 10% upfront though. When we were cash buyers we had to show proof of funds to the EA on the day of the visit! I think most people see a mortgage broker or their bank beforehand so they know whether they will or won’t be able to get a mortgage on the whole. It does seem less risky here and I really don’t understand in the UK why buyers have the right to pull out at the end stages?? What’s the point or advantage of it really. Sorry op x

I have never bought in the UK, but someone who was familiar with the two systems explained to me that "exchanging" in the UK is, legally, roughly equivalent to the French "compromis de vente". So after that you are committed.

The difference is that the "compromis de vente" comes at the moment when your offer is accepted, at which point both parties are committed. After that completion can take two months or more, but up to the point where you sign the "compromis" (which can be done at your kitchen table on a sheet of A4) nobody considers that anything is settled. The weakness in the UK system is that an oral "We'll offer £450k / OK, we accept your offer" is not worth anything until you exchange, yet you have to plan the entire move around that "OK", including handling the chain.

samarrange · 27/11/2024 15:28

Hazeby · 27/11/2024 06:06

Curious to know what happens if the survey reveals problems? Is the price renegotiated?

Surveys are not a thing in France. You can get a full structural survey, but the kind of "lite" survey that you get in the UK doesn't exist.

StandingSideBySide · 27/11/2024 14:10

MarketValveForks · 27/11/2024 12:49

The person who pays for the survey and the searches is the customer, and if there was a flaw in the professional diligence of the person carrying out the survery and searches, the customer has the right to sue that person for professional negligence.

It's not at all unusual for a significant issue to be noticed and flagged up by one practitioner and not noticed or flagged by another.

If the person doing the searches is the conveyancing solicitor handling the transaction they have a large motivation to be very careful to do all searches dilligently. If the searches are being done on behalf of the seller, what motivation is there for the person commissioned for the work to be working at maximimum diligence? This work isn't trivial and often requires close reading of archaic documents and cross refencing. It would be in the seller's interests to commission the service from someone who is likely to be quite slapdash and unlikely to pick up on something easy to miss.

There's a reason why most sales for the intention of owner-occupation don't happen from auctions - it's an incredibly risky thing to undertake. Properties generally only go to auction if they are expecting them to be bought by a professional developer who can afford to take those risks because of the large number of properties they churn through.

I know how the system currently works, the problem is it doesn’t as is unfair on people buying and selling when one pulls out

I am suggesting an alternative that works very well in the auction world. I am not suggesting all properties go to auction, if you read my posts, just that we adopt the legally binding system it adheres to.

mindutopia · 27/11/2024 13:31

It’s rubbish, but unfortunately, just how it is.

I’ll tell you a great story about karma though. We had an offer accepted on a house just before the first lockdown, early March 2020. We rumbled on through conveyancing when it was all chaos and were finally about to exchange and the sellers pulled out (actually due to illness, I would have done the same).

They came back to us a year later saying they were putting it back on the market, but had raised the OIRO price by £200k from £625k to £825k (!!). This was in the COVID rural property buying madness. We laughed and said no thanks, though it did piss me off.

We finally managed to buy our house a year and a half after the purchase fell through. We love it. It’s so much nicer than the original house. That house is STILL for sale. It’s been 4.5 years. It’s being marketed at £300k more than our offer. When it didn’t sell 4 years ago, they raised the price by £100k+ (£950k!!) and re-marketed it with a new agent. They are absolutely mad. But it’s coming up to 5 years and they still haven’t sold. We feel very relieved that we got out of that mess before we realised how bonkers it was!

You will feel grateful one day too. Your home is still out there. It’s just going to be a bit of a bumpy road before you get there.

whatwouldyoudoifisangoutofkey · 27/11/2024 13:23

I'm not suggesting that the OP goes round all guns blazing or seeking a row.
And they need to be prepared for a shitty , possible aggressive, response.
But of they can keep icily calm and deliver something in writing , then I think they should go .

whatwouldyoudoifisangoutofkey · 27/11/2024 13:20

For me the point would be taking some action .
And personally seeing the people in the hope ( albeit vain) of making them see me as a person who they've inflicted damage on .
It would make me feel the tiniest bit better that I'd tried to shame them and made them think about what they've done.
I have a friend who has form for 180 degree reversals when buying and selling property and she just dissociates from the consequences.

Lookingatthesunset · 27/11/2024 13:12

whatwouldyoudoifisangoutofkey · 27/11/2024 13:09

Everyone is saying no but I'm in favour of you going round .
Provided you can remain deadly calm and can present your huge disappointment .
I think I'd take a letter to deliver with a list of costs and the consequences.
They should be confronted by you as a real person .
Obviously if something dreadful has impacted them it's different .
But of they are joking on Facebook it doesn't sound like that's the case.

What is the point? Clearly they're not going to get anywhere with these people!

whatwouldyoudoifisangoutofkey · 27/11/2024 13:09

Everyone is saying no but I'm in favour of you going round .
Provided you can remain deadly calm and can present your huge disappointment .
I think I'd take a letter to deliver with a list of costs and the consequences.
They should be confronted by you as a real person .
Obviously if something dreadful has impacted them it's different .
But of they are joking on Facebook it doesn't sound like that's the case.

MarketValveForks · 27/11/2024 12:49

StandingSideBySide · 27/11/2024 12:11

In auctions, which I suggested we have a similar system, the buyer presents a package of information
including searches and a survey. Auctioneers can arrange these for you, estate agents could do the same. You market the property with that property package so valuing it makes it easier too as the survey will be taken into account.

Once you accept the offer you are both tied in.

If life get in the way and your plans change then the 10% deposit goes to the other party.

I think that’s fare and gives people some security

The person who pays for the survey and the searches is the customer, and if there was a flaw in the professional diligence of the person carrying out the survery and searches, the customer has the right to sue that person for professional negligence.

It's not at all unusual for a significant issue to be noticed and flagged up by one practitioner and not noticed or flagged by another.

If the person doing the searches is the conveyancing solicitor handling the transaction they have a large motivation to be very careful to do all searches dilligently. If the searches are being done on behalf of the seller, what motivation is there for the person commissioned for the work to be working at maximimum diligence? This work isn't trivial and often requires close reading of archaic documents and cross refencing. It would be in the seller's interests to commission the service from someone who is likely to be quite slapdash and unlikely to pick up on something easy to miss.

There's a reason why most sales for the intention of owner-occupation don't happen from auctions - it's an incredibly risky thing to undertake. Properties generally only go to auction if they are expecting them to be bought by a professional developer who can afford to take those risks because of the large number of properties they churn through.

Blueglazzier · 27/11/2024 12:42

I feel for you . I have always said a deposit of 1K should be put down on each house in the chain . The deposit should be non returnable should anyone pull out . The money would help pay for any loss . I don't see why this couldn't be implemented.

A horrible thing to happen to you .

StandingSideBySide · 27/11/2024 12:11

MarketValveForks · 27/11/2024 08:13

And if you make an offer and then a survey or area searches find something offputting that means the property isn't suitable?
Or if you accept an offer and then get outbid on the property you were intending to buy and there's nothing else suitable for sale?

Life happens and sometimes plans don't work out. I would thoroughly support a rule that requires the party who triggers the collapse of a planned sale to contribute to the wasted costs of the other party but I am absolutely opposed to the idea of creating a legal obligation to force the sale to happen.

In auctions, which I suggested we have a similar system, the buyer presents a package of information
including searches and a survey. Auctioneers can arrange these for you, estate agents could do the same. You market the property with that property package so valuing it makes it easier too as the survey will be taken into account.

Once you accept the offer you are both tied in.

If life get in the way and your plans change then the 10% deposit goes to the other party.

I think that’s fare and gives people some security

Cheeseandcrackers40 · 27/11/2024 10:45

Lemonyslice · 27/11/2024 00:22

They don't feel bad - one of the sellers posted a joke on the local Facebook page this evening, just after we got the news. Which is really the icing on the cake!

Was the joke about the house or completely unrelated?

If about the house, then that's shitty but if about something unrelated it isn't necessarily and indication of how they are feeling about it.

You don't know their situation, why they pulled out or if they feel bad. I get that seeing a joke on fb must have felt like a gut punch but equally they may be going through something themselves and just be trying to lighten their own mood; people rarely post anything real on social media.

Nothatgingerpirate · 27/11/2024 10:39

No, unfortunately you cannot.
They have the right to do it here, which as you said, seems pretty wild.
Sorry.

Hellohelga · 27/11/2024 10:31

Commiserations. We had a buyer pull out on exchange date. Infuriating but there is nothing you can do.

ElaborateCushion · 27/11/2024 10:26

Lemonyslice · 27/11/2024 00:22

They don't feel bad - one of the sellers posted a joke on the local Facebook page this evening, just after we got the news. Which is really the icing on the cake!

Oh yes... definitely the confetti cannon option...

ElaborateCushion · 27/11/2024 10:25

Pickandmixmood · 27/11/2024 00:15

Legally, they’ve done nothing wrong so best to just try to put it behind you and move on. I understand how devastating and infuriating it is though.

This. The system has been like this for years and as much as everyone agrees it should change, nothing does, unfortunately.

However, I don't see there's any harm in dropping them a note to explain the issues that this is causing you. You never know, they might change their minds, but don't expect them to. I would want them to know the impact their decision has made, so they don't do it to someone else in the future.

Or... you can buy confetti cannons that can be sent anonymously... I may or may not have done similar when an inconsiderate arsehole neighbour had the loudest party ever until 4am one morning...

Bertybamboozle · 27/11/2024 10:18

@snowmichael small claims court, depending on the amount lost. Knocking on their door or ringing them to ask. Not harassing them in person but if they didn't pay up then I would make sure they would have every piece of junk mail going through their letter box. cant prove it was me. Flame away !