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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I started the process of purchasing a house in November

Resolved Question:

Hello,
I started the process of purchasing a house in November under the Help to Buy Scheme. I was told that the vendor was registered and this would be possible. The vendor then refused to give my solicitor's a contract pack. After several months I found out in March that the vendor was not registered with the help to buy scheme, and that the estate agents had been made aware of this in January.

Between January and March the estate agents told me they were talking to the vendor to get him to register, despite the fact he'd already said no, and were in fact actively marketing the property to other buyers. I got the vendor to agree to carry on the sale with me (as I'd already received a Memorandum of Sale), however he has still yet to issue a contract pack.

I've now found out that my mortgage application has been refused as there has been vandalism to the property on all 3 occasions that the surveyor has gone to value the property and the vendor has done nothing to rectify the matter.

Do I have any legal grounds to sue the vendor or claim compensation on the grounds of both him and the estate agents misleading me about the particulars of the sale and failing to properly maintain the property while it was under offer?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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 : Were contracts exchanged at all please?
Customer:

No contracts were not exchanged, I'm led to believe by my solicitors that the majority of the contract pack was exchanged but that a portion was missing. I've received a Memorandum of Sale from the vendor however.

Alex Watts : But did you and the vendor sign a contract which was exchanged please?
Customer:

No we didn't

Alex Watts : Ok. Usually you can't claim anything until contracts have been exchanged.
Alex Watts : This is because in law either party can pull out,
Alex Watts : But if they lied and information was misleading you could always issue a small claim
Alex Watts : This would be for your wasted costs.
Alex Watts : You can do this online at www.moneyclaim,gov.uk
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Are there any costs involved in issuing a small claim?

Alex Watts : Yes if you go to
Alex Watts : http://www.justice.gov.uk/courts/fees
Alex Watts : Does that clarify?
Customer:

Yes it does, thank you for your help.

Ash and other Property Law Specialists are ready to help you

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