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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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I am in the process of selling my house. I had an offer that

Customer Question

I am in the process of selling my house. I had an offer that I accepted. I went straight down to Nottingham (England), looked round for a house that was not in a chain and settled on a new build house in a Barratts development. I paid a registration fee and a deposit on white goods. I engage a solicitor to deal with the purchase, and engaged a solicitor to deal with the sale of my Scottish property. Today I received the news that the purchasers had withdrawn. Moreover, the purchasers solicitors refused to discuss the matter the with my estate agents who were handling my sale. This has cost me in the region of a thousand pounds and a massive amount of stress. The purchasers knew that I did not have a house to move into when they viewed. They also knew that I am on my own. Do I have any rights of redress ?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
Under Scots law there is no binding contract until unconditional missives are concluded in writing. So the purchasers can walk away in the absence of such a contract. Often the purchasing solicitors will make their offer conditional on their client getting a loan or a survey. If that is what has happened here you have no right of redress. If there is a concluded missive you do.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

The purchasers claimed to be able to make a cash purchase. They had received an inheritance. I had an offer in writing in addition to a verbal offer.

Expert:  JGM replied 3 years ago.
Did you have a concluded contract in writing?
If not they can walk away without penalty.