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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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daughter has house for sale in Rushden England. Partner in

Customer Question

daughter has house for sale in Rushden England. Partner in Estate agents bought house quickly and signed contract as did my daughter. when it came to date of completion he said mortgage amount was incorrect and delayed two weeks. at next date of completion he said he was concerned about some stitching done on the porch, covered by NHBC and now wants my daughter to pay for engineers report . She has agreed to speed things up.
if engineers report is satisfactory can he walk away from the contract after messing them about for two months.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

To enable me to answer you fully, could you please clarify whether Contracts have been exchanged, and if so, what was the agreed completion date?

 

I look forward to hearing from you.

 

Kind Regards

AL

Customer: replied 3 years ago.

I am not sure what contracts exchanged means. Completion date was 31st July. Redemption figure was received from the bank. and the day before the purchaser emailed my daughter to explain about the mortgage. I presume then contracts were not exchanged . The solicitor was recommended by purchaser ( estate agent).


 

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Thanks for your reply.

 

Well, you will need to check with your Daughter as to whether Contracts have been exchanged. I am guessing that there hasn't been an exchange of Contracts, because if there had been, both the Seller and the Buyer are legally bound to sell/buy the property on the agreed completion date, and the Buyer is not entitled to raise any further enquiries once Contracts have been exchanged.

 

If Contracts have not been exchanged, I'm afraid either party is free to walk away from the Sale/Purchase without compensating the other party. If this is the case, the Buyer is therefore entitled to withdraw from the transaction and your Daughter is back to square one. Likewise, if the Buyer asks for any reduction in the Price due to this outstanding issue, your Daughter is free not to agree to this and can also walk away.

 

It appears to me that the buyer is "playing the game" and is not very morally acceptable, but the fact that he works for the Estate Agent does not change my answer.

 

I hope this sets out the legal position for you.

 

I am sorry this is not the Answer you wer elooking for, but if I have assisted, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Can I assist you further?

 

If not, I would be grateful if you could leave positive feedback so I may be credited for my time.

 

Kind Regards

AL