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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i put an offer in for a house , paid for surveys and have solicitors

Resolved Question:

i put an offer in for a house , paid for surveys and have solicitors to do legal things. however recently i found out that consent had been granted to build a house on the land next door and it could affect the property i wished to buy. i told the estate agentds that the vendors should have informed me sooner. the vendors then said they would give me 48 hrs or else they would pull out. However it seems that the house has been put on back on the market without my knowledge . I want my money back for survey and solicitor because i feel that deception has been used to gain my interest in the property. please help me. i have no one to turn to.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry and am sorry to hear of your situation.

It sounds to me that the Sellers have been deceitful, in that on the Property Information Form they would have completed, they should have disclosed this planning application if they were aware of it (which I am sure they probably were).

Sadly, however,until Contracts have been exchanged, either party is free to withdraw from the transaction without having to pay any compensation to the other party. The Sellers are therefore entitled to accept another offer off a third party if they so wish, and you are left high and dry.

The daft thing is, that if you had proceeded and completed the purchase, and then found out about the nearby development, you would probably have had a case to sue the Seller for Misrepresentation, if the development does down value the property you bought.

Unfortunately, as you have not exchanged Contracts, despite the Sellers actions, you do not have any recourse to claim back your Survey/Solicitors/search fees from them.

I am sorry this is not the answer you were looking for, and all I can say is that it is probably a good thing that you have done your homework now and found out, rather than finding out after you had purchased.

Please let me know if you need any further clarification.

Kind Regards
AL
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Customer: replied 3 years ago.


thank you . I appreciate your reply. Can I ask though, if the estate agents are allowed to put the property back on the market without telling me - The sold sign is still up but when they advertised it on line, it didnt show a sold sign.

Expert:  Aston Lawyer replied 3 years ago.

Hi Linda,

It is common decency for the Agents or the Sellers Solicitors to tell a Buyer if the Seller is no longer proceeding. Although in practical terms there is little you can do if this is what has happened, but if I were you, I would check to see if the Agents are members of an Official Body (some are, some aren't) and if they are, you may want to put in a complaint. It won't get the property back, but it may make you feel a bit better!

Kind Regards
AL
Customer: replied 3 years ago.


thank you very much for your replies. you have been very helpful. Kind regards, linda


 

Expert:  Aston Lawyer replied 3 years ago.

Thanks Linda.

I'm afraid you are not the first person this has happened to- try and put it behind you and feel glad that you didn't give them the money for the house.

Best Wishes
AL
Expert:  Aston Lawyer replied 3 years ago.

Hi Linda,

Is there anything more I can assist you with?

Kind Regards
AL