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Seller demanding £33k extra on exchange day

999 replies

Firecat84 · 21/04/2021 05:01

After weeks of harassment from our sellers about the process going too slowly (it's been about 5/6 months due to us losing one set of buyers halfway through - we've been chasing solicitors like crazy trying to speed everything up) we were due to exchange yesterday. On the day however, we received a message via the vendors' solicitor saying that house prices had gone up so much in the time it had taken the deal to go through that they wanted an extra £33k (they gave a whole bunch of other vague reasons too, which I think boil down to they've had to pay for an extra term's private school fees?!!) Obviously we don't have this money and even if we did we don't want to give in to such horrible tactics. The vendors aren't in a chain going up - I don't know where they're moving after this.

The house had been on the market for a while when we made our offer and had been reduced twice. I believe we were the only offer (it has potential but needs quite a lot of work). We offered £8k under the lowest asking price. At the time there was plenty on the market in the area and now there is nothing we could afford. All the houses available are bigger and nicely finished, which does give the impression prices have gone up, but I think it's a bit misleading.

We are financially stretched to our limit as it is but are in a flat with a baby and desperately need more space. We've spent so much time and energy (and money) on this move and we're just exhausted and depressed by it all. My family want us to walk away and not give any money to such horrible sellers. What would you do?

OP posts:
andyoldlabour · 21/04/2021 12:45

Sorry OP, we have really bad conveyancing laws in the UK, which allows this sort of thing to happen.
It should be the law, that after the offer and acceptance stage, if a side decides to pull out, then they should be liable for the legal fees of both parties, unless of course there is a valid reason such as problems with the searches or title.

JesusInTheCabbageVan · 21/04/2021 12:48

@Firecat84 good luck, will be cheering you on!

MrsJBaptiste · 21/04/2021 12:56

Didn't you both sign a contract that the house would be sold at a certain price?

Have you bought a house before?
Exchange is the day this happens

You do know not everyone has ever bought a house? Hmm

SofiaMichelle · 21/04/2021 13:02

I think I'd be going with...

"Dear CF sellers,

F.R.O.

Best Regards

Firecat"

springiscoming12 · 21/04/2021 13:14

What horrible, greedy sellers. Good luck OP, I hope you call their bluff and you get the house

TheKeatingFive · 21/04/2021 13:18

Wow, what utter dicks. Walk.

It is disgraceful that the law allows this.

SDTGisAnEvilWolefGenius · 21/04/2021 13:20

Like most posters on here, my advice would be to refuse to pay more - tell them you are ready and willing to exchange at the agreed price, but no more, and leave the ball in the sellers' court, @Firecat84 - they are cheeky fuckers.

Bluntpencil · 21/04/2021 13:24

Don’t pull out, calmly say that you are in a proceedable position. Your lender won’t give you anymore money than valuation

everydayiwritethebook · 21/04/2021 13:25

@MzHz some people have commented that this is unfair, but he had also lied to the local authority by filling in a form saying he was self employed (which meant we couldn't pursue attachment of earnings), but during the course of my dealings with him I'd found out that he was a bloody solicitor!

Singlenotsingle · 21/04/2021 13:29

Walk away. That's outrageously greedy. You can't afford it.

LimitIsUp · 21/04/2021 13:30

Just read the thread. Hoping for a positive outcome for you OP

GhoulWithADragonTattoo · 21/04/2021 13:34

What does your solicitor say?

FinallyFluid · 21/04/2021 13:35

This is breathtaking in its audacity.

Lalliella · 21/04/2021 13:38

Don’t walk. Just say no. Let them be the ones to walk. I bet they don’t.

CombatBarbie · 21/04/2021 13:40

Oh wow, I so need to know the outcome! CFery at its best!

Lovingspring · 21/04/2021 13:42

Oh I didn't realize the Scottish system was different @Cushionsnotpillows thank goodness. It is terrible how this has been going on for so long in England.

Xenia · 21/04/2021 13:42

Just call their bluff and if they do pull out offer £15k or £10k as a compromise.

We lost our last house because someone knocked on the door of the sellers a few days before exchange and offered £100k more in the 1990s! It was dreadful, Our poor buyers waited 7 months for us to find another house and we had to exchange on that one in 7 days (and I paid about 5x the normal legal fees to achieve that). However that is the system. In Scotland you have to upfront the costs as a buyer pay for survey before offer and then bound early on. There are pro and cons to both systems. I prefer the English one.

SchadenfreudePersonified · 21/04/2021 13:45

[quote everydayiwritethebook]@MzHz some people have commented that this is unfair, but he had also lied to the local authority by filling in a form saying he was self employed (which meant we couldn't pursue attachment of earnings), but during the course of my dealings with him I'd found out that he was a bloody solicitor![/quote]
Takes the biscuit, doesn't it!

Well done for pursuing the lying baar-steward!

TonTonMacoute · 21/04/2021 13:50

There really is only one thing to do, which is to tell them that you cannot possibly afford this increase and see what they say!

EarthSight · 21/04/2021 13:50

but are in a flat with a baby and desperately need more space

And I can bet they are fully aware of it and are taking full advantage of your situation.

Wankers. Say no and if they stick to their guns then be willing to walk away.

oranguflange · 21/04/2021 13:52

That’s awful but the are prob trying their luck. Just say no and also make it clear that you won’t negotiate. Be prepared to walk but you probably won’t have to.

TurquoiseDress · 21/04/2021 13:52

They sound like proper arseholes

I'd be tempted to walk away but do understand the financial outlay that you've made already

But 33k is just ridiculous!

tara66 · 21/04/2021 13:53

I am clearly the stupidest one on this thread although I have sold and bought properties previously. I have always been required to sign a contract soon after making an offer and always expected any buyer to do the same - by ''soon'' I mean within about 10 days. The buyer would also be required to pay a non refundable 10% deposit at that time. Then the remaining 90% payment would be about 6- 8 weeks later - by arrangement.
When did that system change? Is the problem caused by getting a mortgage?
But in this case - it seems the PO had a verbal or email offer accepted by seller which was witnessed by EA and presumably made through the 2 solicitors (also witnesses) involved - but that is not legally binding and can be changed by either party?

Outonmyear · 21/04/2021 13:54

@Bythemillpond

I would point out that whilst other houses have gone up the other houses around this house are already in good order so what their house might or might not have gone up Is going to be less than the ones with nothing to do on them. Also whether house prices have or haven’t gone up has nothing to do with paying school fees. Given that you were the only offer they had then they must realise that if they want more for their house now then there is going to be many more terms of school fees to pay. Are they going to rise the price by the school fees amount every time they have to pay.

As others have advised I would say you aren’t pulling out and you will exchange at the same price.
I would also mention that the EA will need paying as they had found them a buyer at a price that was agreed and it was them that refused to sell.

Would they have to pay estate agent if it hadn’t completed?we have a contract that says paid on completion - wonder what usual form is?
TurquoiseDress · 21/04/2021 13:54

Just re-read that you were due to exchange yesterday- TOTAL ARSEHOLES!

Push back, refuse to negotiate and be prepared to walk away

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