One for the property experts...

One for the property experts...

Author
Discussion

Droptheclutch

Original Poster:

2,604 posts

231 months

Wednesday 13th May 2009
quotequote all
Quick question -

After exchanging contracts on a house purchase, if the seller/vendor pulls out, what's the penalty to him/her?

For the buyer, it's usually a loss (10% of purchase price) of their deposit, yes?

Cheers,

DTC

davidjpowell

18,061 posts

190 months

Wednesday 13th May 2009
quotequote all
Could be sued for specific performance I would think or at the very least for the purchasers abortive costs.

KingRichard

10,144 posts

238 months

Wednesday 13th May 2009
quotequote all
Simplest way is normally to sue for the abortive costs.

Has this happened to you?

rah1888

1,557 posts

193 months

Wednesday 13th May 2009
quotequote all
As far as I know there is no definitive answer to the question as a whole variety of costs could be incurred that the wronged party could claim for.

I have worked as an estate agent for nearly 15 years and have only had this happen once when a buyer was declared bankrupt between exchange and completion.

It is terrifically rare, due to the massive cost implications should it occur.

Droptheclutch

Original Poster:

2,604 posts

231 months

Wednesday 13th May 2009
quotequote all
KingRichard said:
Simplest way is normally to sue for the abortive costs.

Has this happened to you?
No, not happened to me.

Just wanted to investigate what I may claim for etc, should the worst occur. As it happens, I'm currently buying a property and the vendor is being a bit of a tw@t!

Thanks for the replies :-)

KingRichard

10,144 posts

238 months

Thursday 14th May 2009
quotequote all
Droptheclutch said:
KingRichard said:
Simplest way is normally to sue for the abortive costs.

Has this happened to you?
No, not happened to me.

Just wanted to investigate what I may claim for etc, should the worst occur. As it happens, I'm currently buying a property and the vendor is being a bit of a tw@t!

Thanks for the replies :-)
It won't happen mate. It just won't... Any vendor would be crazy to do that.

Some vendors are just a pain in the arse. What's he doing that's causing the problem?

Droptheclutch

Original Poster:

2,604 posts

231 months

Thursday 14th May 2009
quotequote all
KingRichard said:
Droptheclutch said:
KingRichard said:
Simplest way is normally to sue for the abortive costs.

Has this happened to you?
No, not happened to me.

Just wanted to investigate what I may claim for etc, should the worst occur. As it happens, I'm currently buying a property and the vendor is being a bit of a tw@t!

Thanks for the replies :-)
It won't happen mate. It just won't... Any vendor would be crazy to do that.

Some vendors are just a pain in the arse. What's he doing that's causing the problem?
Hi KR,

He's just being a stick-in-the-mud and a forgetful fool, however I fear that he's also the sort to cut his nose off to spite his face. It's all pretty complex, so I won't bore you (also way too much to type!), however it involves a 60 acre smallholding and everything that a smallholding needs/requires etc.

Cheers,

DTC

KingRichard

10,144 posts

238 months

Thursday 14th May 2009
quotequote all
Droptheclutch said:
KingRichard said:
Droptheclutch said:
KingRichard said:
Simplest way is normally to sue for the abortive costs.

Has this happened to you?
No, not happened to me.

Just wanted to investigate what I may claim for etc, should the worst occur. As it happens, I'm currently buying a property and the vendor is being a bit of a tw@t!

Thanks for the replies :-)
It won't happen mate. It just won't... Any vendor would be crazy to do that.

Some vendors are just a pain in the arse. What's he doing that's causing the problem?
Hi KR,

He's just being a stick-in-the-mud and a forgetful fool, however I fear that he's also the sort to cut his nose off to spite his face. It's all pretty complex, so I won't bore you (also way too much to type!), however it involves a 60 acre smallholding and everything that a smallholding needs/requires etc.

Cheers,

DTC
It'll be fine... I take it you have conveyancers each side and an estate agent in the middle?

It'll all get sorted out, or it will fall through prior to exchange. If it exchanges there is really very little chance of it going pete tong smile

Droptheclutch

Original Poster:

2,604 posts

231 months

Thursday 14th May 2009
quotequote all
KingRichard said:
Droptheclutch said:
KingRichard said:
Droptheclutch said:
KingRichard said:
Simplest way is normally to sue for the abortive costs.

Has this happened to you?
No, not happened to me.

Just wanted to investigate what I may claim for etc, should the worst occur. As it happens, I'm currently buying a property and the vendor is being a bit of a tw@t!

Thanks for the replies :-)
It won't happen mate. It just won't... Any vendor would be crazy to do that.

Some vendors are just a pain in the arse. What's he doing that's causing the problem?
Hi KR,

He's just being a stick-in-the-mud and a forgetful fool, however I fear that he's also the sort to cut his nose off to spite his face. It's all pretty complex, so I won't bore you (also way too much to type!), however it involves a 60 acre smallholding and everything that a smallholding needs/requires etc.

Cheers,

DTC
It'll be fine... I take it you have conveyancers each side and an estate agent in the middle?

It'll all get sorted out, or it will fall through prior to exchange. If it exchanges there is really very little chance of it going pete tong smile
Yes indeed. We are ready to go, it's just their solicitor is as good as a chocolate teapot...