Well, where do I start!
My partner and I are First Time Buyers. We have been saving for several years to have a deposit so we could buy our own home. Finally we have got to the stage where we have a 10% deposit for a £250k house, plus enough for the Stamp Duty, fee's and a little left over for furnishings.
Several weeks ago we viewed a property which we decided to make an offer on. we offered the fixed price that the house was advertised at and it was accepted by the vendor. As neither party had a chain we got straight to sorting our mortgage, arranging a solicitor etc to show our commitment to buying the property (and get in before Christmas). The Estate Agent marked the house as under offer on their website and promised that no further viewings would take place and that they would consider the property to be sold. This Monday we had our Mortgage agreed by HSBC and we paid the £999 non - refundable arrangement fee. On Tuesday we paid the Surveyor who would carry out the hoembuyers survey this week. An hour later the Estate Agent contacted me and explained that another buyer who had previously viewed the property had contacted them, but that they had been informed that the house had been sold, regardless of this, teh (in my opinion) unsrupuless buyer knocked on the door of the house and made a private offer directly with the vendor for 5k more than our offer which he accepted. We do not want to match it as it takes us into the 3% Stamp Duty which we don't have.
We have been able to get a refund from the surveyors and our solicitor was no sale no fee. The mortgage however, is a different story. I understand that the arrangement fee is non refundable that is fine. I spoke to HSBC on Tuesday to inform them that this had happended and ask how long we had before we had to draw down the funds. They stated that we had a few weeks and would obviously ahve to inform them of the new proprty details and that their current offer would be dependent on that. However, today they have turned around and said that they can't do this and because the mortgage would not be used for the house we originally aplied for it would be cancelled - goodbye £1k!!!
Is it just me or is this completley unreasonable - we weren't told this was a condition of the product we had applied for - where do we stand? Help!!!!