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Sellers have pulled out of house sale, days before exchange. Please help!

19 replies

imFUMINGhouseSale · 07/11/2023 13:20

Hi guys, get a snack and a drink this is a long story

Backstory: first time buyer here
viewed my first ever house in July. Fell in love. Before I could put an offer in it was taken off the market under offer (I didn’t have a mortgage in principle so I wasn’t able to move quick enough) they let me view without MIP as I had large deposit (60%) fair enough. I carried on browsing for months online (I work abroad) viewed a few houses when i was in the U.K. here and there but didn’t find anything I loved.

Busy work period calmed down and I was scheduled to be back in U.K. for 6 weeks from Sept . ( i had planned to spend this time viewing and finding my first home)
Day 1 of me landing home I was called by EA and told (original) house sale fell through and back on market. I viewed again and put an offer in next day (mid September 2023)

during the conveyancing process vendors have been constantly rushing saying they are moving into a new empty house and they want the sale to go through quickly. As they have kids entered for a new school in new area. Unfortunately at the viewing I spotted cracks and video them at the time. So I needed these checked in an survey. Got a level 3 builders done. And there were no mention of the cracks on report. When I spoke to surveyor he was very apologetic and couldn’t believe he missed the cracks. I paid 650£ for this. Before survey I specifically told them to view the cracks as damage looked STRUCTUAL and it was missed. I want a refund.

On the phone he advised i get a second survey as when I showed him the pics I had he said it looked bad.
This time structual engineers report. Cost £2000 as it needed to be done quickly. Couple days turn around as vendors were rushing. At this time Vendors also magically found a structual engineers report they had done for said cracks 4 days before I was re contacted about the property. Suggesting I would not need my own report because they already done one and the cracks were nothing to worry about . I didn’t trust them and got my own as their report was very vague and seemed bias to them.

when engineer went to take a look he told me all cracks have attempted to be covered up by paints and filler. This would explain why first surveyor couldn’t see anything!!! When I questioned vendors they got very defensive stating they hadn’t done anything to mess with surveys. I drove there myself and could see from outside cracks had been covered.
this is disappointing as I wanted genuine feedback from reports and both were tampered with. Legally is there something I can do?
for the works and repairs I was quoted 7.5-15000£ for replacement lintels or helibars and re rendering. Of course the vendors did not care and did not budge when offered 10k less for the works. They stuck their ground. I really didn’t want to lose the house so I still went ahead.

FAST FOWARD TO TODAY
solicitors fees
mortgage fees
surveys
searches. I’ve probably spent 10k on this process …. And they have pulled out.
WEEK OF EXCHANGE. received a call from EA today saying they have had a problem with their mortgage and lender and they won’t be selling their house or buying a new one. I’m absolutely fuming.

they have rushed me from the start
they didn’t take into consideration any of the works that needed doing
they were dishonest and obstructed my surveys.

im just so upset honestly how could people be so cruel! Venting here coz I don’t know who else to talk to!

is there anything legal I can do about them obstructing my surveys ?
I find it weird that their previous sale fell through, they’ve been rushing and at the final hurdle apparently something is wrong with their mortgage. Surely that would be really if they were 95% of the way there before.

Originally the ea said the buyers pulled out and are looking in another are but I’m smelling something fishy.

waiting on my solicitor to get back to me. She’s asked their solicitor for an update and explanation

OP posts:
Palmasailor · 07/11/2023 13:22

They decided not to sell and you’ve lost whatever you’ve spent.

CharlotteSometimes1 · 07/11/2023 13:26

Nothing you can do I’m afraid, it’s how the system works in this country. If I were advising you, I’d have suggested that your original surveyor should have gone back after the initial survey rather than you paying for a full structural. Filling in the cracks will not be seen as an attempt to cover up. Ex EA here.

FSTraining · 07/11/2023 14:01

As others have said, there is nothing you can do I am afraid because they pulled out before exchange.

Anothernick · 07/11/2023 14:08

Very risky to buy in the circumstances you describe. Structural issues are relatively rare and almost always expensive to fix - could be subsidence or worse. If the vendor tried to cover this up, and were obstructive to your surveyor they obviously have something to hide. What else have they covered up? Surveys are far from perfect and come hedged with qualifications and get-outs. I understand your disappointment but I think you have dodged a bullet here.

AbacusAvocado · 07/11/2023 14:17

None of what you have written makes any difference.

In England nobody is committed to a house sale until you have exchanged contracts. They are completely free to pull out and do not have to refund your wasted costs.

It’s shit, but that’s the system.

peachgreen · 07/11/2023 14:18

Nothing you can do alas, it’s shit. BUT personally I would be happy that I’d avoided buying a house with structural issues.

shivawn · 07/11/2023 14:31

It's really shitty, I'm sorry OP. So disheartening to spend so much money for nothing. Honestly though, it sounds like the vendors were pretty dodgy so maybe you've had a lucky escape.

I'm buying (and selling) myself at the moment and the whole process is so stressful and precarious.

Atethehalloweenchocs · 07/11/2023 14:41

The whole system in this country is bonkers -there are better ways to do this. It is so wrong that you can have spent so much and then have things collapse at the last minute.

imFUMINGhouseSale · 07/11/2023 19:08

Thanks guys for the kind replies

as a first time buyer I’ve learnt so much in this process. Although I was unsuccessful, ive learnt a lot and there’s many things I’d do differently next time! Would be good if there was an insurance of some sort (for before exchange)

it wasn’t meant to be, onto house hunting for a home with no structural issues, and hopefully more honest vendors🤞😁

OP posts:
imFUMINGhouseSale · 07/11/2023 19:10

Wishing you all the best :)

OP posts:
deplorabelle · 07/11/2023 19:34

It's shit I'm sorry. I think your lesson here is even if it's the dream house, if you get even a slight suspicion your vendors are arseholes, walk away. Dealing with flakes and shifty buggers is a world of pain.

DoneByWeds · 07/11/2023 20:05

Very similar thing happened to us.

My now husband and I were selling our 2 houses to move into a new place together. Less than 24 hours before exchange the person we were buying from pulled out. We continued with the sale of one house and lived in the other while we found a new place. Stuff had to go into emergency storage. We had to rent workspace.....It was a nightmare.......
But the EA lined up a load of new viewings for us, including a lovely house that had yet to go on the market. We were able to snap it up. We love our house and it all worked out for the best in the end!

imFUMINGhouseSale · 07/11/2023 21:20

@DoneByWeds im so happy it worked out for you. We’re you still able to use your mortgage offer on the new house? Or did you have to start the whole mortgage process again?

OP posts:
DoneByWeds · 08/11/2023 13:56

imFUMINGhouseSale · 07/11/2023 21:20

@DoneByWeds im so happy it worked out for you. We’re you still able to use your mortgage offer on the new house? Or did you have to start the whole mortgage process again?

Our advisor sorted it all for us, but yes - we managed to get it all sorted fairly quickly on the second house.
It just showed the difference between someone genuinely ready to sell

Pollyanna123456 · 08/11/2023 14:54

Sadly nothing you can do - but looks like you had a very lucky escape!

Jbdollyday · 20/05/2024 19:10

So we have had a nightmare of a house sale/purchase due to issues further down the chain - we are now at the last lap where every query on the earth has been answered, every person and their dog has been asked a question and a date by the solicitors has been put forward - woohoo and agreed by every person in the chain! However…… out twat of a vendor has now decided to say if we are not exchanging contracts by the 31/5 he is putting their house back on the market - this is a full week before completion! Now we and our buyers are ready as we are cash buyers but the other two in the chain are reliant on mortgages and have to deal with all of that! Spoke to him today and although I do agree with what he said as it was the lower part of the chain that’s caused the delays we have no control of them at all so the only people that would suffer is me and my husband if we don’t exchange by the 31/5! Our solicitor said it may go through but she said there is a good chance it might not as she is not privy to their circumstances and can only press the urgency of the exchange! I have made an appointment to view a back up property but I will be honest I feel like telling him to shove it as he has caused me so much stress of this and stuff I can’t control! He knows the 31/5 is my mams first anniversary of her death and I am recovering from surgery but he is still saying I’ve got decisions To make! AIBU to want to bin the house off and save my self the hassle next week incase we don’t exchange??

Cornflakelover · 22/05/2024 11:42

imFUMINGhouseSale · 07/11/2023 19:08

Thanks guys for the kind replies

as a first time buyer I’ve learnt so much in this process. Although I was unsuccessful, ive learnt a lot and there’s many things I’d do differently next time! Would be good if there was an insurance of some sort (for before exchange)

it wasn’t meant to be, onto house hunting for a home with no structural issues, and hopefully more honest vendors🤞😁

There is it’s called homebuyers insurance

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/homebuyer-protection-insurance/
I bought it for my son when he made an offfer on a flag cost £70

the sale fell through due to a ground rent issue and he got all his cost back apart from 100 excess
his cost including survey was around 2k

the house he bought in the end the solicitors offered it within the fees as an optional extra I think it was around 90 quid
again right at the end the sale almost fell apart due to an issue with the sellers onward purchase and he would have been covered for everthing inc a level 2 survey
if you get some next time just check what they cover as they do have a limit on survey so if you buy one that say survey up to 600 but your survey is 900 they will only pay out 600

also you want one that covers you till the end some have a six month limit ( my sons didn’t )

If you buy a flat or your in a chain of any sort it’s definitely worth having - because you reliant on so many people
also you have to take it out within14 days of getting the letter confirming that your buying

It’s worth having as it’s such a small amount

BoudiccaOfSuburbia · 22/05/2024 12:42

Really sorry.

Small consolation but due to your tenacious due diligence you have avoided buying an unsound property.

VestibuleVirgin · 23/05/2024 06:58

Get Home Buyers Protection insurance for when you start again. It won't stop people being shitty, but you will be covered if this happens again, getting your money back

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