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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To be ABSOLUTELY FUMING

161 replies

NYC23 · 30/08/2017 10:54

Due to exchange contracts on a house sale and purchase on Friday and our buyer, in the last 10 mins, has pulled out!

I know they are within their rights to do so, but my god I am disappointed!!!!!

OP posts:
VinoTime · 31/08/2017 22:53

Purple clicky link for more information on buying in Scotland.

Your offer is legally binding as soon the missives are concluded. Should anyone back out after this point, you can take them to court to recover lost expenses or agree to a settlement. The back and forth period of time it takes to get the missives hammered out is the time you would use to sort through the conditions of the sale (agreements with the sellers to do repair works, exchange dates, price, etc.). If the surveys raise an issue, you compromise on solving that issue with the sellers before the missives are concluded as a condition of sale, or you withdraw if no compromise can be made.

UnicornTears · 31/08/2017 22:53

YANBU, you must be gutted. Maybe they had good reason.. doesnt effect your feelings though hope youve had a nice big glass of wine (if wine is your kinda thing) lol. Id be devastated Sad hope your ok hun x

tamepanda · 01/09/2017 05:53

We concluded missives on buying our first house together and then got a call from our mortgage lender 2 hours later to say that they no longer accepted the source we were getting part of our deposit from, despite having triple checked that they did accept and had it put in writing that they approved! This was 4:50 pm the night before we were due to move in! We managed to find another way to raise the deposit within the two week deadline, but due to Scottish law the seller could have sued us for everyday we delayed moving in.

This was after we'd already had a mortgage lender pull out just before we concluded missives because they didn't lend to Scottish Island properties - despite having approved everything and the realising that the property was on a island after 3 months of dealing with us!!!HmmConfused

DonutCone · 01/09/2017 06:29

The Scottish property buying system is much better imo. You know very early on that there will be a penalty for pulling out. There is no possible way to try and gazunder the seller at the last minute.

The only thing Indint like is 'offers over' which I think often ends with you paying more than you need to.

divergirl · 01/09/2017 08:22

We have bought and sold houses in England and Wales and in Scotland. There are good things and bad things about both systems. A lot depends on how good your solicitor or estate agents are and sellers/buyers ability to proceed. Both systems need an overhaul which would prevent a lot of the stress involved in moving home.

Things now take far longer to exchange contracts/conclude missives as your solicitor has to be certain before you do so that all searches, conditions etc are satisfactory and that there are funds in place including mortgages before you can legally enter into a contract. This is where the delays occur, particularly as obtaining mortgages is now are far more complex process.

For those saying the Scottish system is better, in some ways yes as you tend to have a smaller chain however concluding missives can take time. In our last Scottish house we had one buyer pull out after 2 months of trying to conclude missives and a week before they were due to move in. The next purchaser again took two months to conclude missives, constant excuses, lied about their ability to proceed and only just concluded on time before completion. We were then told on the day of completion that their solicitor would be settling by cheque (standard practice) despite us insisting that only an electronic bank transfer of funds on the day would be acceptable. We refused as we knew the buyer was getting a 95% mortgage so effectively cleared funds which if we had accepted would have meant the solicitor having benefit of those funds for the few days it took the cheque to clear. Amazingly after we refused their solicitor was able to electronically send the funds through within an hour for the sale to conclude!

My advice, if you are selling make sure you really question any buyers ability to buy your house, the position they are in and ability to proceed and timescales before accepting any offers. Also make sure you have all your paperwork and answers to any queries the buyers may raise about the property especially if there may be work to do. If you are buying again ask questions of the sellers to establish their position, where they are going to and timescales and ability to proceed. Make sure you are as advanced as possible in securing your funding, mortgages take an age to be processed these days!

Don't be afraid to push things with your solicitors/estate agents to get things moving. If in Scotland don't accept cheques!

Good luck, it's really an area which needs reforming to remove a lot of the stress or worry.

Purplepicnic · 01/09/2017 10:03

Thanks vino

The Scottish system is interesting. Sounds to me like you could still lose money, in that your solicitor still has to do some work before anything is legally binding. But it comes much earlier in the process so your liability is limited. Then they do more work after the missives are concluded.

Whereas in England, the solicitor does EVERYTHING before anything becomes legally binding, hence the potential to lose thousands in costs.

Is that sort of right?

Nomorechickens · 01/09/2017 10:07

In Scotland the seller gets a home report and valuation before putting it on the market, so you have a better idea of potential problems. And solicitors play a greater role (eg making offer) so tend to be more on the ball.
But - offers over, closing date after which offers are considered - pushes up prices

AhhhhThatsBass · 01/09/2017 16:46

I can't believe that this isn't against the law in this country. In Australia I believe it is against the law. Completely ridiculous.

user1497997754 · 01/09/2017 16:52

Could you rent your house out and get a mortgage based on the rent coming in

WoofWoofMooWoof · 02/09/2017 11:24

I've been on both sides. When I sold my house many years ago - I'd already bumped £32,00 off the asking price, I was 6 months pregnant and just wanted to sell - a week before completion my buyers said that if I don't take off another £10,000 they'd pull out. The estate agent basically told them not to be stupid, they were already getting the house at a bargain, I was in hospital after my c-section so didn't need the stress, so just to get their act together. They didn't pull out lol.

Last year I bought a house. We were due to complete on the Saturday morning, and the seller pulled out at 23:00 on the Friday night. I lost a LOT of money on that one. We later found out he has form for doing it. When he wants to get rid of a tenant but can't be fussed with trying to evict them, he puts the place on the market, and when the tenant is out, he pulls out of the sale. Bloody bastard. This really should not be allowed.

I hope things work out for you.

Dianag111 · 09/09/2017 14:59

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Message withdrawn at poster's request.

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