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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25437
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi I purchase a property at auction (should be simple) but

Customer Question

Hi

I purchase a property at auction (should be simple) but the seller is not communicating and not signing the transfer documents. My solicitor is going to raise breach of contract

But my question is:

what will the breach of contract achieve, will it force him to sign and sell the property
If not, am I legal entitled to the deposit money and auction fees that I paid on the day back. Which is £7000
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what your preference is at this stage please? To complete the purchase or recover your deposit?

Customer:

I would prefer to complete the purchase.

Joshua :

Thanks.

Joshua :

The auction will be subject to national terms and conditions of sale. The first step if the seller fails to complete is for your solicitor to serve upon him or his lawyer a notice to complete.

Customer:

ok she did say she was going to do that.

Joshua :

This instructs the seller to complete within 10 days failing which you have a right under the terms and conditions to rescind the contract and recover the deposit with interest and claim any loss you reasonably suffer as a result of the sellers failure to complete.

Customer:

What happens if he still wont complete, can it be forced? and am guessing it will be lengthy process

Customer:

ok that makes sense

Joshua :

However you do not have to exercise the above rights. You can if you prefer enforce the contract and seek something called specific performance which is a court order ordering that the transfer is completed.

Customer:

ahhh cool. Good :)

Joshua :

In other words you can require the seller to complete with an application to the court for specific performance. You can in these circumstances claim court fees and any loss you can show you have reasonably suffered as a result. An obvious expense might be increased solicitors fees

Joshua :

So you will have the option either way as you prefer.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

ok thank you. Just lastly, how long would the court order take if he doesn't complete and I have to use the specific performance route

Joshua :

If you can demonstrate that the matter is urgent you can ask for urgent court time and seek an order in a few days however typically it would take a few weeks depending upon court time and assuming there is no basis for a dispute which I assume is not possible on the basis that the contract is properly documented.

Joshua :

Is there anything else I can help you with?

Customer:

that's it - thank you. Clearer now

Joshua and 2 other Law Specialists are ready to help you