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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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We were due to exchange on house now the buyer wants to pull

Customer Question

We were due to exchange on house now the buyer wants to pull out due to the restrictive convenant stating no building extension on the property. We were due to exchange on Friday and complete next week, what are my options as I need a fast solution as we will end up losing the house plus my children's schooling is all organised .. Any advice greatly recieved
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 : It's a contract, you can sue for breach.
Alex Watts : If he refuses you can sue for breach of contract which includes loss and damage, including interests efc.
Alex Watts : But he can't pull out or you can sue him for all your losses connected with it
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-rmcobyf5- : The buyer hadn't signed the contract yet he was due to then we were to exchange but he is querying the restrictive convenant which states no building extension on property as he wants to build an extension in the future. the property is 20 years old and there are many houses on the estate that have built extensions. My query is what are my options on overcoming the restictive convenant I need a quick solution
Alex Watts :

If you have NOT exchanged then he can buy out.

Alex Watts :

If he has exchanged then YOU can not pull out

Alex Watts :

If there is a covenant the Solicitor should have spotted this.

Alex Watts :

But in short, if contracts have exchanged there is no going back

JACUSTOMER-rmcobyf5- : I understand the contracts my query is what are my options in overcoming a restrictive covenant for building extension?
Alex Watts : This is a very helpful article on your options
Alex Watts : http://www.boyesturner.com/news-article.html?id=965
Alex Watts : Does that help you?
JACUSTOMER-rmcobyf5- : no that doesn't this is a really poor service and advice and I can t believe your redirecting me to another solicitors when your meant to be the expert... Your advice is shockingly bad
Expert:  Ash replied 2 years ago.
Do you think we can pursue this for you? Just to be clear, this is a question and answer site ONLY.

It does NOT allow us to work for you?

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