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Can we do anything?

16 replies

Annano11 · 18/12/2020 21:49

Long story short, we’ve been looking on and off for a forever home for 2 years, didn’t sell ours until March which was then delayed by lockdown, sold in July and moved into a rental thinking being chain free would help us. Lost out 5 times on best and final offers over summer, then finally in October found our dream house on a street we’ve always wanted to live on, we had viewed it a year before and lived it but she had changed her mind about selling. Seller accepted our offer and took it off the market within a week. Finally thought we’d lucked out after a terrible year. Paid for the searches yesterday at £500. Got a message from the seller this morning on Facebook saying she’d changed her mind again, we were gutted and so annoyed as it’s likely we’ll have to pay stamp duty now. We are trying to reclaim the £500 as seller admitted to us she never really wanted to sell (apparently the ea pushed her into it), so we feel utterly messed around ! The estate agent and solicitor have said we can’t do anything to get the money back, has anyone managed to do this successfully? As you can probably imagine to lose £500 the week before Xmas at no fault of our own is gutting ! Any ideas? So annoyed ! Also if anyone has any reasonably priced 1930s houses for sale in Yorkshire please send them our way :)

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anxiouswaiting · 18/12/2020 21:52

I know nothing about buying and selling, but what a shitty thing to do! Flowers

Gemma2019 · 18/12/2020 22:18

Can't the solicitor cancel the searches? Maybe not all of them, but the local authority searches are taking about 20 working days at least at the moment, so might not have processed your order yet. Sorry to hear that though, what a shit thing to do.

Salome61 · 18/12/2020 22:21

So very sorry, when we are buying we don't have any contract with the seller until exchange. I hope you might be able to claw back some of the searches money, my solicitor finished for Christmas today, has yours?

Dinosauraddict · 18/12/2020 22:28

The seller has no liability here. Aside from trying to cancel searchers, anything else would be a gesture of goodwill. You can withdraw without penalty until exchange.

Annano11 · 18/12/2020 22:28

@anxiouswaiting thank you :) @Gemma2019 @Salome61 the solicitor said they already had some of the searches back today so couldn’t cancel them, which I found odd to be honest ! Not sure when they finish for Xmas, ours is going on paternity leave in March so said he was working every hour until then ! Thank you though, it’s so frustrating :)

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Pipandmum · 18/12/2020 22:39

Surprised they only asked for payment if they put in for searches long enough ago to get them back. But that's besides the point. The complete flaw in the English system is that either side can pull out before exchange with no penalty. The solicitors will have put some time in and the searches need paying for. It doesn't matter why the seller pulled out, there's no obligation.

sillysaussage · 18/12/2020 22:42

@Annano11 our local authority are returning searches the same day currently, yours might be similar.

Sorry you've been messed about twice by the same person. It would have to be a good will gesture by the vendor to get the money back I think.

MoirasRoses · 19/12/2020 00:08

What a knob of a seller. Who on earth let’s an estate agent talk them into selling? Who on earth has any contact with an estate agent unless they are selling? & then to message you on Facebook 🤦🏼‍♀️ Sorry OP, that really is shitty of them! If I was that seller, I’d be giving you at least half as an apology.

Loofah01 · 20/12/2020 11:59

Another reason I'm not very fond of EA's! Don't think you can do anything but call the conveyancer etc asap to see if you can cancel the searches.

jackstini · 20/12/2020 13:11

What's your budget and requirements?

Might be someone on here looking to sell..!

Annano11 · 20/12/2020 13:30

@jackstini up to 375, 3 ideally 4 bedrooms, either a train station or great public transport links, commutable to york and within half an hour of Leeds (garforth) for family, big garden, off street parking, near good schools. Think that’s it :)

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jackstini · 20/12/2020 13:38

Does it matter if detached or semi?

jackstini · 20/12/2020 14:57

Just thinking you could get a 3 bed way under budget and then do an amazing extension..
www.rightmove.co.uk/properties/75432090#/

4 bed semis seem to be £150k more!
www.rightmove.co.uk/properties/100453394#/

jackstini · 20/12/2020 15:05

www.rightmove.co.uk/properties/72490581#/

Not 1930's but some lovely features!
www.rightmove.co.uk/properties/61066143#/

Sunflowergirl1 · 20/12/2020 16:40

Wetherby/Harrogate?

Annano11 · 20/12/2020 16:54

Thanks @jackstini will have a look @Sunflowergirl1we love Wetherby (currently renting 5 minutes away) and would look at Harrogate if we could a. Afford and b. Traffic to york wasn’t too bad

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