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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To stop his cheque?

23 replies

Sarah2506 · 14/02/2014 16:19

So we are selling our flat and buying a house. We sold our flat six months ago for 238k which is very cheap - going rate 250-270k in this part of London. We accepted the offer so that we could secure the house we wanted and did so on the understanding the buyer would pay the 2k contribution towards building work which we are liable for. This softened the blow a little, as it means we effectively got 240k.

Six months later and we lost the original house, found another and were due to exchange last week.

Buyer goes quiet.

He reappears yesterday morning, the absolute last possible date exchange would be possible if we are completing next Thursday. He says he will only exchange if we pay for half the building works, so a grand. He has us over a barrel. I reluctantly agree if we exchange there and then. Exchange then doesn't happen because someone higher up the chain can't be contacted.

We are now trying to renegotiate a completion date. I know he will still be expecting a cheque for the grand he thinks we will pay, despite the fact that my agreement was based on exchanging there and then.

My evil plan is to drop the cheque in just before completion (he isn't expecting it before exchange), wait until we've completed and then stop the cheque. He can sue me if he likes. Nothing is written down. He waited until the last minute and then pulled this stunt. He's buying to let so has no emotional investment.

AIBU to stop the cheque? I know it's petty. But at the moment it seems such a good idea.

OP posts:
LaurieFairyCake · 14/02/2014 16:21

Yabu - it's illegal, fraud

Pull out and put your flat back on the market for 270k.

It probably has gone up that much. The house I sold 4 months ago is on for 40 k more than I sold it (with nothing have been done to it)

Sarah2506 · 14/02/2014 16:25

Would it also be unreasonable to let my eight month old DD have a lot of nappy free time on the carpet?! Don't want to pull out as I doubt the chain would wait for me, and I want the house!

OP posts:
Brittabot · 14/02/2014 16:25

You agreed to give him a cheque conditional on exchange on a certain date,that didn't happen so don't give him a cheque!

Brittabot · 14/02/2014 16:25

You agreed to give him a cheque conditional on exchange on a certain date,that didn't happen so don't give him a cheque!

YourMaNoBraBackOfMyCar · 14/02/2014 16:26

What Laurie says. Don't go getting yourself in trouble. I bet if you tell him to stuff it and you're pulling out he'll back down (cheeky fucker).

Poppy67 · 14/02/2014 16:29

Sadly you probably have to pay it. You could accidentally in purpose put the wrong date in to delay the cheque being paid. Or just make sure you leave nothing behind that he can have for free.

Poppy67 · 14/02/2014 16:30

I think your dd should experience freedom once in a while
!!!

Mojang · 14/02/2014 16:31

Once he has your cheque there is paperwork and you are liable on it unless you can show that the debt it paid doesn't exist.

Agree with other posters.Tell him unless exchange takes place ny x date its going back on the market

Sarah2506 · 14/02/2014 16:33

I rationally know its a bad plan. But I want petty revenge. And I don't want to remarket this place as I want my house. Other suggestions for legal petty revenge?

OP posts:
softlysoftly · 14/02/2014 16:46

Take the carpets, curtain rails, window keys, plug sockets. Anything not easily un-nailed down or included in the contract basically. Even if you just dump them after.

Not great for the soul though, I think you just need to take a deep breath and move on the your lovely new house.

Chippednailvarnish · 14/02/2014 17:18

Mmm, open can of tuna under the floorboards is meant to be quite fragrant.

Nomama · 14/02/2014 18:03

Really? You petty, petty individual, you :)

It sounds as though you are projecting your disappointment onto the buyer. He got a good deal and your reason for offering it fell through - that REALLY must stick.

But please have a re-think (once you have enjoyed thinking about free-range babies, tins of tuna, frozen prawns and any other ickiness). Don't let it add to your stress levels.

Either pay the grand or pull out altogether and start again - higher selling price for flat, find new house to buy etc etc.

Don't take fixtures and fittings, he can come back at you for that. But nothing says you have to clean, sweep, air the house, remember to keep the back door closed so the local cats don't use your house as a loo, etc.... oops, back to being petty :D

Sarah2506 · 14/02/2014 18:16

I probably won't be too petty, if only because I don't have the energy! I'm pretty sure he will be replacing the carpet as it has a massive hole in it, which he saw when offering. I will just take the stuff I probably would have otherwise left, like curtains etc. I didn't say I'd leave them but probably would have done as a good will thing.

I'm not pulling out. If both this place and local houses have gone up 10% then I'd have a massive short fall; flat gone from 250 to 275 but house has gone from 500 to 550, more stamp duty and 25k gap.

OP posts:
Nomama · 14/02/2014 18:18

Ooch! Then we need to help you spend a pleasant hour or so dreaming of hypothetical evils....... :)

NatashaBee · 14/02/2014 18:25

This reply has been deleted

Message withdrawn at poster's request.

DisgraceToTheYChromosome · 14/02/2014 19:09

Actually, you could take the cistern lid off and bend the plunger hook a bit. It makes flushing infuriatingly hit and miss.

DisgraceToTheYChromosome · 14/02/2014 19:09

Actually, you could take the cistern lid off and bend the plunger hook a bit. It makes flushing infuriatingly hit and miss.

NatashaBee · 14/02/2014 19:25

This reply has been deleted

Message withdrawn at poster's request.

Sarah2506 · 14/02/2014 19:27

Top idea:-)

OP posts:
Hissy · 14/02/2014 19:44

I had buyers who threatened me when I sold mine. They found my passport while I was moving out and held it for ransom.

I wrote them a cheque, took my passport back and then went home and stopped the cheque.

He's gazundering you. Fuck him! You have an agreement in writing that he's failed to honour, so tell him whatever you can to get to exchange, and ideally his big fat deposit, then stop that cheque!

He can't prove jack shit, where as you can prove the price and agreement.

What a scumbag!

YellowDinosaur · 14/02/2014 19:45

Snorting at disgracetotheychromosome's suggestion :o I'll remember that for the future....

YellowDinosaur · 14/02/2014 19:47

I'd have reported them to the police for theft hissy.

Cunts like this really get my goat. If you can legally stop the cheque with no comeback I'd do it like a shot.

LessMissAbs · 14/02/2014 19:51

I don't think you have a contract actually. I think you have to re-negotiate. He is obviously hoping you stick to the plan of giving him £1000. There comes a point though where you just pull out because its not going to happen. I think that stage has been reached with this buyer. Is he actually going to complete at all? I'd play hardball and go back to the original him paying you £2000 or cancel the whole thing.

Though I'm sure if you made up some semi-plausible excuse about stopping the cheque and then did so, then held off to the point you were actually forced to pay, you could have a bit of fun and cause him a bit of annoyance without actually landing yourself in too much trouble.

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