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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10635
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We have had a buyer house last 4 months. Their

Resolved Question:

We have had a buyer house last 4 months. Their buyer has delayed the completion dates several times the last one being on the 5th December. We had no information until our estate agent informed us that this couple had just applied divorce on 27th Decemeber and the Decree Nisi would not be settled until January.
We had already found a house in Scotland and we had exchanged missives thinking that the completion would have been completed.
We have waited and waited and we are still not getting any answers. We know that the Decree Nisi has been completed on 12/1/15 and the lawyers are not getting a completion date although we were unofficially told that the lady still had the finances sorted to buy the house. Apparently our buyers have everything sorted completion.
We are due to exchange SCotland house on the 27th and so we are having to get a bridging loan as we need the money from the house.
Is there anything that can be done reference the lack of information, sorting a completion date. Can we sue the stress that this has caused? why should we have to take a bridging loan out when I feel we are not in the wrong and the other buyers have messed us around.
thank you
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

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

Sadly, in English Conveyancing law, either party can withdraw from a Sale without any liability to the other party, at any time before Contracts are exchanged. Therefore, you have no grounds whatsoever to make any financial claim against your Buyer's Buyer delay, however frustrating it may be.

The only thing you can do is to issue an ultimatum to your Buyers saying that unless

they exchange Contracts by such a date and complete by such a date, that you will withdraw from the Sale. Although this may only be a veiled threat, it is the only thing you can do to force the issue. This will hopefully make your Buyers issue a similar ultimatum to their Buyer. You should get your Solicitor to email/fax the other side confirming the above and it would be best if you notified your Estate Agents also, as they will be able to speak to your Buyer directly and hopefully your Buyers Estate Agents in the hope that they speak to their Buyers.

I am sorry I can't give you a magical answer, but hopefully if you at least threaten this ultimatum, normally I find the other parties get to the finishing post in time.

Kind Regards

AL

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