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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Re House Sale

59 replies

Wow2806 · 19/04/2017 11:43

OK selling house had offer before Christmas accepted..
All questions everything done... Then last month as they are ready to sign there contract
They ask for a gas boiler check
This is done
I send certificate off to them then he has to urgently go abroad
Get a email saying he is back in UK and going to solicitors to sign yesterday
Phone call at 2.15... She is now in hospital.. And is expected to be there for 6 weeks
I'm thinking now I'm pulling had enough
Estate Agent says I'm still liable for there fees under ready willing and able buyer.
I think clearly they ain't... What do you all think

OP posts:
HarryPottersMagicWand · 19/04/2017 12:48

I'd give a deadline, end of week to exchange or it's back on the market.

paddlingwhenishouldbeworking · 19/04/2017 12:58

If you give a deadline for exchange after approx 4 months and all issues addressed, and they don't exchange, then you don't have a ready, willing and able buyer!

If they have a genuine problem then you can offer to delay completion. We moved last year and to get the chain secured everyone (4 properties) exchanged and agreed a delayed completion of 2 months for the benefit of one buyer. It was great, nice long time to pack up and get everything sorted for the move.

Libbylove2015 · 19/04/2017 13:04

Remember also that the EA can say you are 'liable' but the only way they could force you to pay would be by taking you to a (presumably small claims unless you are selling a mansion!) court and obtaining a judgement against you.

To do that would mean instructing a solicitor and paying court fees, which would, I imagine not be far off what they are asking you to pay. So don't be frightened to call their bluff on that front - I can't think many estate agents see these things through, they just rely on the threat.

ThePants999 · 19/04/2017 13:15

Everyone saying that you are or aren't liable for the EA's fees needs to be more cautious. They haven't seen your contract FFS, how can they possibly know? I do wish people wouldn't claim certainty they don't have.

Different EAs have different contracts. There are "ready, willing and able buyer" clauses in some EA contracts which state that you're liable for the fees if they find you a buyer and you pull out. It's a fairly rare clause, though, cos it's shitty and many people won't sign up with an agent that uses it! Whether you have that in your contract is something you need to check.

ThePants999 · 19/04/2017 13:16

@Libbylove2015 - that's really not true. A solicitor is not needed for the small claims court, and the filing fees are a pittance compared to typical four-figure EA fees. I'll bet you anything, they WILL sue if they believe they have a case.

Original poster
Wow2806 · 19/04/2017 13:38

The clause in the contract states with Estate Agent is if they find a buyer who is "ready willing and able"

I have spoke to the solicitors this morning and asked them to push the buyers to exchange ASAP with a completion date to be agreed at a time convenient to them.. And if it pushes them off the sale then at least I know were I stand.

I am set to lose a cash deposit though on a house I am supposed to be moving into (rented)

As I put the deposit down after I had a email confirmation to say he was coming back and going into office on 18th to sign..

I am willing to pay a months rent for nothing if it means I secure somewhere for me and my son to live... Decent affordable rental properties are rare round here... Either ridiculously expensive or absolute hovels

However it means I lose my deposit... Single bloody parent like I can afford that...

I suppose it will be a expensive lesson to learn

Wonder how long I should leave it to phone my solicitor... They seem to be rather slow in communicating recent news with me

OP posts:
ExplodedCloud · 19/04/2017 13:47

What does 'ready, willing and able' actually mean legally? If the buyer isn't able to sign because she's in hospital or out of the country then are they 'able'?

EssentialHummus · 19/04/2017 14:09

This is the crux of it exploded - IMO it's almost meaningless as a phrase. Which means it'd take a court (and not a small claims court) to disentangle it.

Ikillallplants · 19/04/2017 14:46

Leave the contract with your buyer and put the house back on the market, it isn't either or.

Also this buyer isn't 'ready' or 'able' at the moment. The estate agents wouldn't want the publicity of a court case in these circumstances.

Original poster
Wow2806 · 21/04/2017 19:19

Just to update on this..

I issued a email asking them to sign and agree to exchange / completion dates by 4pm today the email was sent 3pm Wednesday.. So 48 hrs for anybloodyone to respond
Via my solicitor

Not one person has been back to me including my own solicitor...
I called her at 10.30 this morning to see what the buyer's solicitor had said.
She told me she had heard nothing from them.. She was going to call him after lunch and would call me back... I have heard nothing from her.. I know the buyers solicitor was worked ng this afternoon as his direct line was on some paperwork and I called it he answered I asked him who he was and mumbled wrong number...
So what the hell is that all about??? hmm

I then at 4.30 called the EA who again said under contract terms I'm liable to pay..
Again I repeated they hadn't found be a ready willing and able buyer..
There followed a conversation were she contradicted herself a few times

I respectfully asked they take my property offline

Again she said I need to speak to manager she would phone me.. Errm she was supposed to do that weds and I'm still waiting hmm

OP posts:
Madwoman5 · 21/04/2017 19:46

Unless she has lost the ability to move her hand or is no longer mentally capable, she can sign the contract. If she is not mentally able, she falls outside the willing and able part. Tell ea that they sign by x date or the house goes back on the market. Completion is 1week to one month after exchange. Their problems are not your problems and they will need to organise things for themselves if she is still out of action

CasperGutman · 21/04/2017 20:09

I'm not sure that sending an email on Wednesday afternoon a couple of hours before the end of the working day asking for completion within two days was reasonable. I think a week or two would have been more realistic.

That said, if they can't exchange within a reasonable time frame I struggle to see how they can be considered "ready, willing and able".

Original poster
Wow2806 · 21/04/2017 20:45

Hi Casper

Sorry probably wasn't too clear

I requested that they sign and agree to set dates for exchange and completuon

I finished my email asking for some form of firm commitment

OP posts:
CasperGutman · 23/04/2017 07:52

Ah, that makes more sense. In that case a two-day deadline would be more reasonable.

Original poster
Wow2806 · 05/05/2017 13:33

So just wanted to update from previously

My buyers came back on tuesday afternoon after my house was relisted at a slighly higher price (prices on the up since it went on the market)

As far as I was concerned they were'nt a "ready willing and able buyer"
and kept messing me about - So agreed with EA to put it back on.

The "buyer" is now asking for another viewing prior to signing and "apparently" has arranged to go into solicitors on the 20th May to sign paperwork... Then arrange for exchange and completion.. Twice already this has been cancelled and they have failed.

The EA had someone else supposedly interested and they should of come to view on Monday but failed to show..

Also someone else interested in viewing but again no confirmation of a time to view.

I do the viewings myself.

Call it women's intuition but I have set someone up to request to view the house which they did yesterday afternoon and Im actually still waiting for the EA to tell me about them

I really hoped I was wrong.

However still no contact from them in respect of these NEW viewers..

The whole scenario is really starting to stink.

And honestly at theis point I want to crawl in a ball and just cry as I am so fed up with them all

OP posts:
Whitecup · 05/05/2017 13:37

Could you not market the property with another agent? Sounds awfully stressful poor you

hellsbellsmelons · 05/05/2017 13:52

Yep - I'd be contacting other agents to get the house on the market with them.
Your current EA sound like a bunch of tossers.

Original poster
Wow2806 · 05/05/2017 14:03

My would be viewer has just callled them to chase a time to view

there response was they are waiting for me to get back to them to confirm a time

OP posts:
mickeysminnie · 05/05/2017 14:11

I would talk to your solicitor and ask what he would advise.

SquinkiesRule · 05/05/2017 14:12

I'd have your friend call back and say she saw you outside in the garden/getting in the car or some such place and asked you about the date for viewing, and you had said you hadn't even heard anyone wanted to view.
Then you call and rip them a new one for not passing on the info that someone wanted to view as she stopped you outside the house.
Then sign up with a new agent, spring is the time to sell.

OlennasWimple · 05/05/2017 14:13

Check the EA contract about the implications of going to another agent (you might have to pay the first ones commission even if the second ones sell it for you)

Does the EA know about your lost deposit? If not, I would make it clear to them that this process is having a direct negative financial impact on you. They are supposed to be working for you, FFS!

Timeforteaplease · 05/05/2017 14:14

Nothing worse than dealing with people who are lying to you, especially when you are paying for the privilege.

hellsbellsmelons · 05/05/2017 14:34

I'd be shouting at them by now.
I'd tell them the whole story about the 'fake' buyer and they have proved your worst fears and you are now taking legal advice.
Let that hang in the air for a moment with them and see what they say for themselves.

laureywilliams · 05/05/2017 14:49

I'd be going into the shop in person to share my feelings and letting as many people as I could know, what had been going on.

PeaFaceMcgee · 05/05/2017 14:50

Call them out on this and seek legal advice. Can you contact your buyers directly to see what's happening?

Would inform them that if they don't exchange on the 20th then that's it.

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