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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask buyers to cover costs of delayed house sale?

124 replies

AbuelaGetTheUmbrellas · 08/02/2023 14:45

Would really appreciate advice on this. My husband and I sold our house STC at the end of last year. The house was up for auction. We sold it before the auction- buyers requested an extension on the exchange and completion date, which we agreed to. We exchanged a few weeks ago, and are due to complete tomorrow.

Buyers are now requesting a further 3 weeks extension on completion date as they have not secured their mortgage yet?! I think this is madness - they shouldn’t have looked at auction properties if they didn’t have the funds in place. They have risked their deposit by behaving this way. I’m not a Dick, so I’m happy to give them an extension rather than run off into the sunset with their deposit BUT I think they should cover the additional interest payments on our mortgage for the 3 week delay (it’s just under £2000). Is this a reasonable request? My husband is saying we should just absorb the cost ourselves!

OP posts:
Whatislove82 · 08/02/2023 14:46

No chance of being successful op

You haven’t exchanged. They can walk away with a backwards glance or any cost

Whatislove82 · 08/02/2023 14:46

Without a backwards glance

Whatislove82 · 08/02/2023 14:47

Sorry you have exchanged

Allthegoodnamesarechosen · 08/02/2023 14:48

When I used to be involved in this, bidders had to show that they had funds in place. Completion was supposed to take place in a specified time frame, or it was void and the seller kept the deposit.

can you contact the auctioneers and ask for their opinion/ help. It makes a bit of a nonsense of auction as a quick and confirmed sale.

Whatislove82 · 08/02/2023 14:48

Still no chance. The are delaying weeks and not withdrawn.

unless you have stated that contractually that completion by X date or they lose deposit… bugger all chance (and even then, extenuating circumstances would be considered)

Whatislove82 · 08/02/2023 14:48

Allthegoodnamesarechosen · 08/02/2023 14:48

When I used to be involved in this, bidders had to show that they had funds in place. Completion was supposed to take place in a specified time frame, or it was void and the seller kept the deposit.

can you contact the auctioneers and ask for their opinion/ help. It makes a bit of a nonsense of auction as a quick and confirmed sale.

Op muddied the waters by mentioning the auction

it didn’t go to auction

TokyoSushi · 08/02/2023 14:49

You can ask, but you've no chance (she says from bitter experience)

OhhhhhhhhBiscuits · 08/02/2023 14:49

Whatislove82 · 08/02/2023 14:46

No chance of being successful op

You haven’t exchanged. They can walk away with a backwards glance or any cost

Eerrrrr she said they exchange 3 weeks ago.

OP I would go for the deposit personally as these sort of cheeky fuckers rely on people not calling them out. It could take weeks for them to get a mortgage. They shouldn't have exchanged if they didn't have the mortgage sorted.

Allthegoodnamesarechosen · 08/02/2023 14:51

It seems that 56 days is the time limit for completion, according to Zoopla. So you would not be unreasonable to keep the deposit and void the sale,

AbuelaGetTheUmbrellas · 08/02/2023 14:51

@Whatislove82 We exchanged a few weeks ago, the completion date is set for tomorrow. Dates are in the contract. My solicitor has already confirmed that we can serve notice on them tomorrow and they will have 10 days to complete or forfeit their deposit.

OP posts:
Margo34 · 08/02/2023 14:53

No harm in asking I suppose (give them a clear timeframe for response and action though). And if the response is no, then serve them the 10 days notice ASAP and keep their deposit.

OhhhhhhhhBiscuits · 08/02/2023 14:53

AbuelaGetTheUmbrellas · 08/02/2023 14:51

@Whatislove82 We exchanged a few weeks ago, the completion date is set for tomorrow. Dates are in the contract. My solicitor has already confirmed that we can serve notice on them tomorrow and they will have 10 days to complete or forfeit their deposit.

Just do this OP and get your property back on the market ASAP. They need a lesson!

alrightnowthen · 08/02/2023 14:53

I would follow your solicitors advice, serve notice on them. They have only themselves to blame for mucking about like this.

Tinkerbyebye · 08/02/2023 14:54

@Whatislove82

READ the bloody post. End of third sentence

they HAVE exchanged

AbuelaGetTheUmbrellas · 08/02/2023 14:54

@Allthegoodnamesarechosen good idea. I will contact the auction house for advice. Although it didn’t go to auction (the auction house sold it pre-auction), they are still the agents and receiving a commission.

OP posts:
LIZS · 08/02/2023 14:55

Your solicitor should be on to theirs. Failure to complete carries liabilities.

Tinkerbyebye · 08/02/2023 14:55

I would follow solicitors advice. But what will you still be able to move forward?

Whatislove82 · 08/02/2023 14:56

AbuelaGetTheUmbrellas · 08/02/2023 14:54

@Allthegoodnamesarechosen good idea. I will contact the auction house for advice. Although it didn’t go to auction (the auction house sold it pre-auction), they are still the agents and receiving a commission.

the auction house is the estate agent even though didn’t actually go to auction?

ExHProblem · 08/02/2023 14:57

If they agree to pay your £2k interest payments in order to extend the completion date, in 3 weeks they could still be asking for another extension.

I would be really clear that you’re willing to wait the 3 weeks and they pay the interest but have it drawn up that if completion doesn’t happen in 3 weeks, they do then automatically forfeit their deposit.

Whatislove82 · 08/02/2023 14:57

The delay is 3 weeks

that really isn’t remotely an issue in the eyes of anyone other than the party that is desperate to sell

Addicted2Kale · 08/02/2023 14:57

Your husband is wet. Buyers are playing games. They are legally obliged to complete the purchase. They pay your additional costs or they surrender their deposit and you re-sell.

Absolute no-brainer. Your husband is dead ass wrong here.

AbuelaGetTheUmbrellas · 08/02/2023 14:58

Whatislove82 · 08/02/2023 14:56

the auction house is the estate agent even though didn’t actually go to auction?

Yes @Whatislove82

OP posts:
Whatislove82 · 08/02/2023 14:58

I’m not a Dick, so I’m happy to give them an extension rather than run off into the sunset with their deposit

Ha! Fat chance you could do this Op!

Whatislove82 · 08/02/2023 14:59

You wanted a completion date

they haven’t met it

that happens pretty much in the VAST majority of house sales

AbuelaGetTheUmbrellas · 08/02/2023 15:00

Addicted2Kale · 08/02/2023 14:57

Your husband is wet. Buyers are playing games. They are legally obliged to complete the purchase. They pay your additional costs or they surrender their deposit and you re-sell.

Absolute no-brainer. Your husband is dead ass wrong here.

@Addicted2Kale lol, I wouldn’t go that far. But yeah, he’s wrong and I will stand my ground now.

OP posts: