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zrpete

Am I Being Unreasonable

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Basically we are first time buyers and have found a house we like, and have a mortgage agreement in principle. We have put in a few offers, and eventually had one accepted.

On the first visit to the property the buyer said the property was for sale 3 years ago, and did actually sell, (had all the survey done with no faults etc) but the seller had to pull out due to illness. This has made me concerned that the same thing could happen again with us, and we may lose a great deal of money. I have expressed my concerns to my solicitor, who has recommended asking for something in writing, that if the seller pulls out of the agreement then he will be liable to compensate me for all costs incurred up to that date.

I have contacted the estate agent regarding this, who said it shouldn’t be a problem and would then get in contact with the seller.

An hour later they called back saying this seems to have touched a nerve with the seller due to the previous illness and he is refusing to give anything in writing. This has made me even more concerned that the seller is likely to pull out right down the line, and we could lose all of our solicitor and survey fees.

The EA said they will try and discuss this with the seller again and will let me know.

I am really considering withdrawing my offer if the seller cant offer some sort of reassurance given what has obviously happened to the previous buyers, should I be worried he is not willing to commit anything in writing. Can anyone give me a genuine reason why he may not be willing to sign anything, other than he wants the option of pulling out without having to pay out compensation?

Any Advice would be much apreciated.

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Basically we are first time buyers and have found a house we like, and have a mortgage agreement in principle. We have put in a few offers, and eventually had one accepted.

On the first visit to the property the buyer said the property was for sale 3 years ago, and did actually sell, (had all the survey done with no faults etc) but the seller had to pull out due to illness. This has made me concerned that the same thing could happen again with us, and we may lose a great deal of money. I have expressed my concerns to my solicitor, who has recommended asking for something in writing, that if the seller pulls out of the agreement then he will be liable to compensate me for all costs incurred up to that date.

I have contacted the estate agent regarding this, who said it shouldn’t be a problem and would then get in contact with the seller.

An hour later they called back saying this seems to have touched a nerve with the seller due to the previous illness and he is refusing to give anything in writing. This has made me even more concerned that the seller is likely to pull out right down the line, and we could lose all of our solicitor and survey fees.

The EA said they will try and discuss this with the seller again and will let me know.

I am really considering withdrawing my offer if the seller cant offer some sort of reassurance given what has obviously happened to the previous buyers, should I be worried he is not willing to commit anything in writing. Can anyone give me a genuine reason why he may not be willing to sign anything, other than he wants the option of pulling out without having to pay out compensation?

Any Advice would be much apreciated.

Withdraw your offer and walk away, forget about this house, there are pleny more out there. Let the current owner stay there forever or until they wise up and stop wasting your time.

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I can't believe the seller makes a habit of pulling out of selling. I mean, what has he got to gain from that? I would take it at face value that the last deal fell through due to illness. Looking at it from the sellers point of view - why should he give a written assurance and take on extra obligations if he doesn't have to? You have probably made him as nervous of you as you are of him. Still, if you're getting a bad vibe maybe you should pull out now - there's plenty of other properties on the market and probably at a lower price in 6 months time.

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Basically we are first time buyers and have found a house we like, and have a mortgage agreement in principle. We have put in a few offers, and eventually had one accepted.

On the first visit to the property the buyer said the property was for sale 3 years ago, and did actually sell, (had all the survey done with no faults etc) but the seller had to pull out due to illness. This has made me concerned that the same thing could happen again with us, and we may lose a great deal of money. I have expressed my concerns to my solicitor, who has recommended asking for something in writing, that if the seller pulls out of the agreement then he will be liable to compensate me for all costs incurred up to that date.

This is entirely reasonable.

I have contacted the estate agent regarding this, who said it shouldn’t be a problem and would then get in contact with the seller.

An hour later they called back saying this seems to have touched a nerve with the seller due to the previous illness and he is refusing to give anything in writing. This has made me even more concerned that the seller is likely to pull out right down the line, and we could lose all of our solicitor and survey fees.

The EA said they will try and discuss this with the seller again and will let me know.

I am really considering withdrawing my offer if the seller cant offer some sort of reassurance given what has obviously happened to the previous buyers, should I be worried he is not willing to commit anything in writing. Can anyone give me a genuine reason why he may not be willing to sign anything, other than he wants the option of pulling out without having to pay out compensation?

Any Advice would be much apreciated.

Walk away.

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You are being completely reasonable. You are asking the seller to make an assurance that they compensate you if they pull out of the sale and they've refused. Tells you all you need to know.

Illness aside, it sends out a strong message that they don't even want to sell.

RUN!

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I can't believe the seller makes a habit of pulling out of selling. I mean, what has he got to gain from that? I would take it at face value that the last deal fell through due to illness. Looking at it from the sellers point of view - why should he give a written assurance and take on extra obligations if he doesn't have to? You have probably made him as nervous of you as you are of him. Still, if you're getting a bad vibe maybe you should pull out now - there's plenty of other properties on the market and probably at a lower price in 6 months time.

Sellers POV - he knows he pulled out before, he should expect people to be wary again. If the sickness isn't recurring then he shouldn't have a problem with making a guarantee that he won't have to pay out on. If he was feeling well he'd take it as a good expression of interest on the part of the buyer - you wouldn't ask for a guarantee like that if you weren't serious about buying.

Only reason i'd think of for him to be nervous is if he still isn't well and may have to pull out again. Perhaps make clear what you expect your costs to be, and make sure he knows a number he'll be liable for? As a seller i wouldn't agree to unlimited liability, but if someone said 'solicitor is X, survey is Y, if you pull out then you refund X+Y', i'd be a lot more likely to agree.

"On the first visit to the property the buyer said the property was for sale 3 years ago, and did actually sell, (had all the survey done with no faults etc) but the seller had to pull out due to illness"

Was the buyer you, or do you mean the agent?

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By extension of the same logic.. should the seller request for a 'buy assurance' from you? Would that be reasonable? Like it or not, the English conveyance system is no commitment before completion by design.

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  • 276 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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