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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:
Wheresmybiscuit3 · 22/04/2021 01:07

Glad you said no. I’d have done the same

AdamAntsBitofFluff · 22/04/2021 01:15

@buddywoo

Similar to Australia-- you agree, sign a contract agreeing when to move (30/60/0/120 days longer ones if you have not sold your property),pay 10pct and pay the balance on settlement/completion date.

if you bail, the seller keeps your 10pct.
It always works with the dates - you can agree an odd date like 37 if that fits with your sale, but mostly set period and all works well.

hope it work for you OP- fingers crossed!

CaveMum · 22/04/2021 06:26

@FortVictoria the OP said they had turned down the request to pay the extra £30k but that as of her last post they had no response from the sellers.

MotherOfGodWeeFella · 22/04/2021 07:02

Hopefully you'll know the outcome today OP.

billybagpuss · 22/04/2021 07:08

Good luck today, I hope you got some sleep last night, I don’t think I would have with that hanging over me.

UCOinanOCG · 22/04/2021 07:11

Where did they expect you to rustle up the extra money from? They are being ridiculous. I hope it all gets sorted and you can exchange soon.

FortVictoria · 22/04/2021 07:26

[quote CaveMum]@FortVictoria the OP said they had turned down the request to pay the extra £30k but that as of her last post they had no response from the sellers.[/quote]
Thanks, CaveMum. I so hope the exchange goes through at the same price and she gets her house!

FlyingBurrito · 22/04/2021 07:53

@FortVictoria

Hey - is there an update on this? I hope OP managed to complete on the house without having to pay more. Has anyone heard?
If you click on the see ops posts option you can see for yourself. Much quickly than relying on someone else to do it for you Smile
MotherOfGodWeeFella · 22/04/2021 08:11

Give the OP chance - none of the solicitors or estate agents will be open yet.

eaglejulesk · 22/04/2021 08:55

So... exchange day has been and gone and you haven’t heard anything yet? WTF does that mean??? (I am not in the UK and your system is extremely odd to me.)

I agree. Buying and selling property in the UK seems to take so much longer than it does here, and seems overly complicated as well. I was talking to a woman here who was selling a flat in England and she showed me the huge (and I mean HUGE) amount of paperwork she had to send to the solicitor. I could have sold the whole country with less paper!

Horizons83 · 22/04/2021 09:53

@Justilou1 Exchange day is the day where the contract of sale and purchase is signed, with a commitment to then completing the sale at an agreed date.

There is nothing magical about the exchange day, it simply happens when all the checks have been done (surveys etc) and both parties are happy for the sale to go forward.

At that point the lawyers on each side will 'exchange' contracts - the contract will have a completion date in it for when the sale will actually take place i.e. the day the keys will be handed over to the new owner. This can be the same day as the exchange if everyone is ready for it, or it's a new build, but if there is chain of sales it's more likely to be a date 2-3 weeks later, to allow everyone to prepare, book their moving companies etc. The purchaser will put down a deposit as part of the exchange.

Therefore in this case the exchange day hasn't actually happened, because the sides have not yet agreed for the sale to take place (even though up until a few days ago the OP was assuming that everything was in place for the exchange). So nothing legally has changed even though the intended exchange date has past.

Once exchange has taken place it's almost impossible to pull out. For instance, a seller could pull out but then be taken to court for breach of contract, and the court could order the sale to carry on anyway. If a purchaser decided not to go through with the purchase they would lose their deposit.

MotherOfGodWeeFella · 22/04/2021 10:15

Actually it's very common to sign the contract in advance. Exchange is when the solicitors agree between them that contracts are exchanged and buyer and seller committed to the transaction.

MaMaD1990 · 22/04/2021 11:29

Fingers crossed for some news for you today.

Mummytemping · 22/04/2021 11:32

Keeping my fingers crossed that they back down for you OP.

Firecat84 · 22/04/2021 11:41

Still no response to our email and not returning our EA's calls!

OP posts:
Planningobjection · 22/04/2021 11:43

Hoping you get a response soon. Unbelievable the cheek of some people, they think they have you backed into a corner not realising they’re in the same position.

TheKeatingFive · 22/04/2021 11:45

Sit it out. They’re hoping you’ll cave to the pressure. Don’t.

ODFOx · 22/04/2021 11:46

Can your solicitor contact theirs for an update if exchange was supposed to happen yesterday?
They must know that doing this would cause further delay. I seems self defeating.

MaMaD1990 · 22/04/2021 11:47

I'd be asking to see other properties at this point. Does anyone know what happens if they don't ever respond?? Is that them pulling out and just not telling anyone? Does OPs Solicitors have to chase the sellers solicitors?

Sssloou · 22/04/2021 11:49

They will likely drag this over the weekend to stress you out.

This will also stress your buyers out so I give them a deadline of 12 noon tomorrow or it’s all off.

Take back the power.

PrelovedWithValue · 22/04/2021 11:52

They are probably hoping that you'll either pay up or be the one to pull out, so that they don't have to pay their EA.

Do neither. But do start looking around at other options meantime.

Puzzledandpissedoff · 22/04/2021 11:54

Can your solicitor contact theirs for an update

They probably won't return the solicitor's calls either, but OP will have her answer according to whether the place appears on Rightmove soon

Put simply, if it does then they've blown her out, and if it doesn't then this really is brinkmanship

Kraken82 · 22/04/2021 11:55

Either they've changed their minds and are handling it badly (which you won't be able to do anything about anyway), or they're trying to play hardball, hoping that you'll blink first. I think the advise to ask to look at other properties is wise, if word filters back to them they'll realise that you're prepared to move on if needs be (even if in reality its the last thing you want to do!)

TheKeatingFive · 22/04/2021 11:56

so I give them a deadline of 12 noon tomorrow or it’s all off.

Yes, do this.

Play hard ball and be prepared to walk away.

wombatgoeswild · 22/04/2021 11:58

@TheKeatingFive

so I give them a deadline of 12 noon tomorrow or it’s all off.

Yes, do this.

Play hard ball and be prepared to walk away.

Yep, I'd do this too.

Time to piss or get off the pot.

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