Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask what your preference is at this stage please? To complete the purchase or recover your deposit?
I would prefer to complete the purchase.
The auction will be subject to national terms and conditions of sale. The first step if the seller fails to complete is for your solicitor to serve upon him or his lawyer a notice to complete.
ok she did say she was going to do that.
This instructs the seller to complete within 10 days failing which you have a right under the terms and conditions to rescind the contract and recover the deposit with interest and claim any loss you reasonably suffer as a result of the sellers failure to complete.
What happens if he still wont complete, can it be forced? and am guessing it will be lengthy process
ok that makes sense
However you do not have to exercise the above rights. You can if you prefer enforce the contract and seek something called specific performance which is a court order ordering that the transfer is completed.
ahhh cool. Good :)
In other words you can require the seller to complete with an application to the court for specific performance. You can in these circumstances claim court fees and any loss you can show you have reasonably suffered as a result. An obvious expense might be increased solicitors fees
So you will have the option either way as you prefer.
Is there anything above I can clarify for you any further?
ok thank you. Just lastly, how long would the court order take if he doesn't complete and I have to use the specific performance route
If you can demonstrate that the matter is urgent you can ask for urgent court time and seek an order in a few days however typically it would take a few weeks depending upon court time and assuming there is no basis for a dispute which I assume is not possible on the basis that the contract is properly documented.
Is there anything else I can help you with?
that's it - thank you. Clearer now