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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7477
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I signed a contract to buy a house last month and did not go

Customer Question

I signed a contract to buy a house last month and did not go through with buying the property where do I stand please, my solicitor says I will lose the 10% and be sured for removal fees
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,

What was the contractual date of completion in the contract?

Has your solicitor told you that you have been served a Notice to Complete? If so, when does the notice expire?

Kind regards.


Tom
Customer: replied 2 years ago.

 

for Tom

I was to complete the contract on the 10th of December and when I did not complete on the day and my solicitor explained the 10% could be taken as well as being sured by the chain. I was then given the 18th if December but did not make it. but till now I have not been contacted.

 

 

Expert:  Thomas replied 2 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The lapse of time without hearing anything is quite unusual. You need to get in contact with your solicitor and find out what the buyer’s solicitors have done.

What usually happens if you exchange contracts and do not complete on the required contractual completion date is the buyer’s solicitors serve a Notice to Complete on your solicitors. This then gives you 10 days from the date of the notice to complete the transaction.

If you are able to complete with this time, then the Seller’s Solicitors would charge interest on the amounts that were owed from the date of contractual completion to the date that you actually complete as well as their fees for serving the notice to complete (usually £150+ VAT).

If you were not able to complete on the date required under the notice to complete then you would lose the deposit and the Seller’s Solicitors would retain it on behalf of the Seller. You would be in breach of contract which means that they would then sue you for the loss that their client has suffered including removal costs and other damages payable to owners higher up in the chain. It would be very expensive for you.

You really need to be proactive and contact your solicitor on this, because if you have exchanged contracts and not completed then it’s not going to go away unfortunately.

I am sorry.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Expert:  Thomas replied 2 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.

If not, please rate my answer.

Kind regards,


Tom

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