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Should I contact my buyer?

3 replies

catmumof1 · 08/08/2018 09:54

I've been having the most nightmare experience with house/purchase, estate agents and solicitors say it's one of the worst that hasn't fallen through (yet).

It's all based around my buyers incompetent solicitor, they didn't do any checks on my buyers buyer so it came to the day of exchange to find out he didn't have a mortgage in place!
We've now had 4 exchange dates cancelled because of this buyer, it all seems pretty shady.
He's been a massive problem from the start/when we first realised he was purchasing without an EA. He's a btl landlord/house flipper so he's not invested in the chain as it's not going to be his home. So much so when my buyers solicitor was fucking about querying the planning permission for my house and over complicating the residence share scheme this buyer at the bottom completed the rest of the chain without us!!
He's now reduced his offer on our buyers house by £5k so she's had to find the money so she can still meet her offer on my house. This is sorted according to EA but her solicitor told mine that they didn't even know!

I'm sick of this, my house sold the day it went on the market and it's the perfect ftb house but this lady put her offer in first so I took it on the understanding that she was a cash buyer. I've told EA and solicitor that we're going to look for a new buyer if we haven't exchanged by Friday. This has been the plan since the middle of last week and we have viewings booked for Friday.

I don't think this message has been passed on to our buyer or the guy at the bottom of the chain.
I've found my buyer on Facebook, should I message her and tell her that she's going to loose the house if she doesn't put some pressure on her solicitor?

TL,DR
Should I message my buyer on Facebook to tell her she's going to loose my house?

OP posts:
loveka · 08/08/2018 10:52

Can you not ask the estate agent to ask her if it would be ok to swap numbers?

Have you pushed the agent to tell her to pressure the solicitor? Or has your agent pushed her solicitor to push the other solicitor?

In my area remarketing in the current market would be a very bad idea. But that doesn't apply everywhere I know.

Spickle · 08/08/2018 15:39

Sorry to hear of your frustrations.

There is nothing wrong about contacting your buyer, but remember it is a business transaction - the buyer is not your friend. I'm also not sure if this will help speed things along anyway.

The buyer's solicitor is not at fault here - it is the buyer's buyer's solicitor who checks ID and whether a mortgage offer is needed. It should have been that solicitor who needed to try and meet the timescale, but it would seem that the buyer's buyer was also selling and completed that independently of his purchase, which is within his right to do.

Your buyer is paying cash but now has to find an additional £5000. That's awful, but it doesn't impact on the transaction if she is still able to go ahead, other than the contract and transfer would need to be amended. As a cash purchaser there is no mortgage lender to satisfy. It would seem that the enquiries and due diligence taken by her solicitor may have delayed it, but there were never 4 exchange dates. Exchange dates are never discussed before all parties in the chain agree that they're ready. Exchange dates are purely something invented by vendors/purchasers and their EAs but mean nothing legally.

Since the buyer's buyer's solicitor does not act for you or your buyer, you will not be able to acquire any information from him, other than through either yours or your buyer's EA. Since there is no EA for the buyer's buyer, there is no information to be had there but essentially no need for the buyer's buyer to have an EA - he is chain free having already completed on his sale. Once a property is under offer, the EAs job is largely done anyway.

ripironlady2018 · 09/08/2018 13:31

A similar thing happened to me. I was 14 weeks into the sale of my property. I had paid out quite a bit of money for solicitor deposits and valuations (help to buy) and had even found a rental to move into. I was then told by my estate agent that my buyer's buyer hadn't even paid for searches!! He had also been a nightmare from the start and it turned out he then pulled out as he had found somewhere else.
I looked at who was to blame in not keeping an eye on the bottom of the chain and essentially it was my estate agent. The same estate agent who was selling my buyer's house.
Tell your estate agent to contact your buyer and give them a deadline before it goes back on the market.,

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