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Failure to complete, anyone experienced this????

Last post Thu, Dec 20 2007, 10:53 AM by Richard Webster. 2 replies.
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  •  Mon, Dec 17 2007, 7:46 PM

    Failure to complete, anyone experienced this????

    We are first time buyers and exchanged contracts on our first home on the 7th December, we were supposed to complete the purchase on last Friday, the 14th.

    On completion day it transpired that 3rd house in the chain has had a notice of interest registered against the property by an ex-partner, meaning that our vendors cannot complete on their purchase. After packing up, moving out and handing their keys to the estate agent and driving to their new home, they have now moved back into the house that was supposed to be ours and intend to stay there over Christmas. We do not wish to see them homeless, but is very frustrating for us and everything is up in the air. Our solicitor has put a 'notice to complete' on our vendors solicitor, demanding that they complete within 10 days (which takes us to the 3rd Jan) what happens if they cannot buy the house they wanted? Who do we recover our costs from, them or the seller above them who has caused all the problems?

    Our solicitor is advising us to hang tight till the 10 days are up, but he has no experience of the situation so we were wondering if anyone else has gone through this situation or has heard of it happening before???

    Thanks :)

    • Post Points: 20
  •  Mon, Dec 17 2007, 9:48 PM

    Re: Failure to complete, anyone experienced this????

    Assuming that you are buying in England (the rules differ in Scotland), the house is not yours until contracts have been signed, monies exchanged and the deal completed. You, and others in the chain, will have incurred costs that are unlikely to be recovered if the sales do not go through, so it is in everyones' interest if the sales are completed.

    Often when making an offer, it is stated that the offer is only made on the understanding that the sale will be completed within 8 weeks (or whatever). This makes your intentions clear from the start but it does not guarantee that the sale will go through.

    If you make an offer to buy anything other than a house, and the offer is accepted, that offer is legally binding. With houses in England, however, very little is binding until the contracts are signed.

    • Post Points: 20
  •  Thu, Dec 20 2007, 10:53 AM

    Re: Failure to complete, anyone experienced this????

    This last post is very helpful as the situation here is that there is a binding contract, but someone else in the chain is in breach and this has repercussions for OP who cannot complete because of this.
    • Post Points: 5