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Clare
Clare, Solicitor
Category: Property Law
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Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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The only way I can explain the problem is re the attached

Resolved Question:

The only way I can explain the problem is re the attached email I sent to my Solicitor and The Estate Agent the problem being the exchange and completion was meant to be on the same day the 15th July 2016.
Re: 1, Middlebrook Close, Lincoln LN6 7LP
Following my attempts to purchase the above property, I now find that through no fault of my own, I am out of pocket to the tune of over £3,500.00.
As you know, when I initially made you aware of my intention to purchase the property, I stipulated that it be taken off the open market.
This does not appear to have happened - especially as another buyer was 'found' when the sale to me did not complete.
Throughout the whole process I have acted in good faith. You were aware that I wished to make some structural changes to the property and that I subsequently had plans drawn up for this.
The vendors specifically stated that completion was to take place by 15 July 2016, otherwise I would face a financial penalty.
For my own part, this request was complied with and I attended at my solicitors on 14 July 2016, in order to complete the sale.
What happened since has become a catalogue of disasters from when I first instructed Walters and Wilkin and Chapman on the 22nd May 2016 that I wished to purchase.
The week commencing the 11th July onwards the vendors and their solicitor made the whole process impossible, by being absolutely obstructive, the vendors were perfectly aware
and I am sure that their solicitor was knowledgeable that Mr Hoyle Senior in fact had Dementia and then suffered a stroke soon after the purchase was being undertaken and was eventually
placed in a Nursing Home.
On Friday 15th July I was informed that Mrs Shirley Hoyle had cancelled the removal. It was the vendor who broke the sale.
On Monday 18th July and Tuesday 19th July 2016 the vendors solicitors acted in a very unprofessional way - the catalogue of events are clearly itemised in emails to and from both solicitors and the
completion of the sale was obstructed at every turn.
I cannot believe that any solicitor in their profession could expect anyone to complete a purchase when even the "Land Registry" would not accept the drawings as they were inadequate.
I now believe that this was a practice whilst waiting for a Higher Bid on the property, which the vendors, Walters the Estate Agents and their acting solicitor were all party too, in other words Gazumping!.
I fail to see why I should be left out of pocket and will be seeking compensation for this. Should it become necessary to do so, I will seek legal advice on the matter.
Submitted: 10 months ago.
Category: Property Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Were Contracts ever exchanged?

Customer: replied 10 months ago.
No they stalled they were meant to be but cancelled removal on the 15th July day of exchange and completion as Mr Hoyle could not sign....Dementia and Stroke but we knew that 4 weeks prior about the stroke and Dementia ecause he was going into a home!
Expert:  Clare replied 10 months ago.

I am sorry but the law in this area is starkly clear.

No liability accrues until Contracts are exchanged and you cannot reclaim your wasted costs from anyone

You should have been warned about this before paying for any plans to be drawn up.

I am very sorry - it is time this area was re-visited by Parliament but I fear there is little chance of this

Please ask if you need further details

Customer: replied 10 months ago.
Which is what their Solicitor, The Estate Agent and the Hoyles knew, they left the property on the market to get a higher bid
in other words Guzump me
Expert:  Clare replied 10 months ago.

Yes I am sure that you are correct - as i said it is an area which does need to be addressed

Clare, Solicitor
Category: Property Law
Satisfied Customers: 33941
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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