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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have exchanged contracts on a new build due for the house

Resolved Question:

we have exchanged contracts on a new build due for the house to be handed over in 60 days time. however, my partner has decided she wants out and has left me. where do I stand? this is frightening.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it in your name or both names please?

in both names

Alex Watts : It's bad news I am afraid.
Alex Watts : Once you exchange contracts you are liable to complete. You have a legally binding contract.
Alex Watts : This means that the seller could sue for breach of contract.
Alex Watts : But as this is in both names you are both jointly liable.
Alex Watts : So you and your partner.
Alex Watts : It would be better if you completed then sold the property if you are going to split up.
Alex Watts : But in law the seller could sue you for loss and Interest.
Alex Watts : If there had been no exchange you could have pulled out.
Alex Watts : I am sorry as I know this will not be the answer you want and certainly not the one I want to give you, but I have a duty t be honest.
Alex Watts : In the first instance speak to the seller, they may be underatanding.
Alex Watts : If not speak to your partner to see if you can complete.
Alex Watts : Can I clarify anything for you about this today please ?

its the news I expected but I will go to the seller first as the house will not be completed until 60 days time and hopefully they could resell. do we have the option of cancelling the contracts by mutual agreement with the seller?

Alex Watts : If the seller agrees yes.

thank you

Alex Watts : You may have to pay some fee,

I guess one way or another its going to cost

Alex Watts : Sadly yes.
Alex Watts : Can I clarify anything else?

no thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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