How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34019
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

I exchanged on a property in March 2014 on the understanding

Customer Question

I exchanged on a property in March 2014 on the understanding that the vendor would give vacant possession on November 28th 2014. There tenant is still in possession and the property has gone up by 75k plus. The purchasers are trying to get out of the sale and understand that if we go to court they will be responsible for my damages and they hope it will be considerable less so they will be able to sell the flat for a higher price.
Surely if we go to court under specific performance the increase in the value would be part of my settlement plus my accomodation and storage costs.
What do you recommend as my solicitor believes that the court case could be favourable to the vendor and feels i should pursue trying to negotiate to purchase the property.
Mark Reuben
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am slightly unsure what position you ar ein- when you exchanged Contracts, wasn't the price fixed at that stage?

I look forward to hearing from you.


Customer: replied 2 years ago.

yes, i purchased the property through an estate agent for 285k and exchanged at the price and passed over 5% deposit which was released to the vendor as we had a delayed completion.

Now the property is worth 375k.

The delayed completion was to give the purchaser time to get the council tenant out.


Expert:  Aston Lawyer replied 2 years ago.

Hi Mark,

Thanks for your reply.

Unless I am missing something, provided you exchanged at the price 285K, you can legally complete on this Price, and as they have breached the Contract, due to their Tenant still being in possession, you can claim damages off them!

Just because the market value of the property has increased since you exchanged Contracts does not give the Seller the right to demand a higher price from you- they are legally bound to complete on the price agreed at the date you echanged Contracts.

Please let me have your comments.

Kind Regards

Customer: replied 2 years ago.
I know this but they are not prepared to complete as they view it wiser to go to court and get damages. My question is :
If we go to court am I entitled to the extra money the property has gone up by as I would have to buy a property which has also increased in value or would it just be a case of damages
Expert:  Michael Holly replied 2 years ago.
Dear *****
The point will be to you in the position that you would have been in had the contract not been broken.
Both the specific performance and breach of contracts roads lead to the same place. Unless the property is unique then damages will be awarded , the breach of contract entitles you to claim the value of a similar property now or, to put it differently, the cost of rectifying the breach now. Either way the increase in value in included as part of your claim.
I hope this helps. If there are any further points please reply
Best wishes
Expert:  Clare replied 2 years ago.
The point is that you can insist on the property being transfered to you at the price agreed - that is why it is called Specific performance

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice