House Buying Advice

[nickd01]

We're trying to buy a flat; and the vendor has mucked us around a lot historically. However, they've come back to us saying they'll accept an offer from us as the buyer they went with is stalling and they're keen to move more quickly. We're still keen on the flat so have decided to put another offer in.

So, in order to ensure they are less likely to muck us around I suggested to the agent that the vendor pays our survey costs and we re-emburse them on completion. Estate Agent reckons they'll never go for it and has suggested a legal doc between us basically saying if the vendor pulls out then they pay our incurred costs.

Do you reckon that'd be legally binding?
Would it be incenctive enough to prevent them pulling out and mucking us around?
Does anyone have any other ideas to try and minimise them pulling out of the sale and us incurring costs?

I know "thats life" and guzumping or whatever happens but we're trying to prevent it as much as we can, and the EA is on our side as the vendor has been a pain before.

[Turbo cab]

I think its more than fair as if they say no you know they have the potential to mess you around costing you money.


I think a deed of trust would possibly cover this but i'm sure that someone with more knoledge of this area will comment.

[amir_j]

ask, if they say no offer a compromise i.e. you both pay half and you refund their half after- sign a doc to that effect/ add to price of sale (unless tips you over stamp duty off course.)

Easier for you to do that, the other way suggested will mean you taking them to court- do you want the hassle?

Other thing is to go and talk face to face and go on your instincts when you ask them to promise they wont do that again and they reply as to if you can trust them.

Edited by amir_j on Thursday 8th April 21:50

[nickd01]

Yep, the thought of having to chase through courts is tedious and one we really don't want to persue.

Maybe a half-half offer could work, the stamp duty threshold isn't an issue so I guess we could ask them to pay us £x and then offer £x more for the property? I suppose we'd pay a marginal cost on the property due to the extra stamp duty but it might work.

Hhmmm, tricky

[amir_j]

nickd01 said:

Yep, the thought of having to chase through courts is tedious and one we really don't want to persue.

Maybe a half-half offer could work, the stamp duty threshold isn't an issue so I guess we could ask them to pay us £x and then offer £x more for the property? I suppose we'd pay a marginal cost on the property due to the extra stamp duty but it might work.

Hhmmm, tricky

Have you met them? if not try do do so, cup of tea and a general chat may work wonders. You can often see whats what when face to face then via an intemediary- its harder to screw over a person you have met and know rather than a stranger. Show them that you are asking due to genuine concern and explain reasons so they are more understanding

If you have met them how did they seem? cold analytical or genuine?

Edited by amir_j on Thursday 8th April 22:27

[nickd01]

We've not met them, although it was what my partner suggested when we first made an offer. I wonder how we could arrange to mee them; maybe we should just pop round one evening? I'm a bit uncomfortable doing that I have to admit.

I think perhaps a 50/50 offer could work - I'll think about it tomorrow morning.

I hate these "games"!

Thanks for the opinions, much appreciated.

[amir_j]

nickd01 said:

We've not met them, although it was what my partner suggested when we first made an offer. I wonder how we could arrange to mee them; maybe we should just pop round one evening? I'm a bit uncomfortable doing that I have to admit.

I think perhaps a 50/50 offer could work - I'll think about it tomorrow morning.

I hate these "games"!

Thanks for the opinions, much appreciated.

They may be more uncomfortable than you if you turned up, ask agent to arrange.

Remember agent wants the commission and seller wants your cash. Neither cares about you so be very polite but firm.

Edited by amir_j on Friday 9th April 00:47

[amir_j]

forgot to say consider discussing option of of the flat being pulled from estate agents window, their website and others such as right move along with sold on the sign outside or its removal as that will minimise any future offers

[Busamav]

I f they seriously want to sell you the house and are aware that they have messed you around , decent folk would't think twice about paying a refundable survey fee .

We had sold to a really nice female solicitor ,she dragged the whole sale on for months ,then basically backed out on the day of exchange unless we dropped 10k .

[amir_j]

Busamav said:

I f they seriously want to sell you the house and are aware that they have messed you around , decent folk would't think twice about paying a refundable survey fee .

We had sold to a really nice female solicitor ,she dragged the whole sale on for months ,then basically backed out on the day of exchange unless we dropped 10k .

What did you do?

[Jasandjules]

Busamav said:

We had sold to a really nice female solicitor ,she dragged the whole sale on for months ,then basically backed out on the day of exchange unless we dropped 10k .

This is common practice for some people. I told them to go f**k themselves. They still bought.

OP, you could get THEM to pay the legal fees and survey fees, which you will then refund to them upon completion. If my recollection of land law is correct however, nothing in writing, no agreement nor otherwise to pay these costs back to you will be enforced in an English Court. Sadly. Hence why I would suggest THEY pay the fees now and you will agree to refund upon completion.

Be aware however if the other potential buyer comes back and has a mortgage sorted etc. they will still go with them (IMHO based upon being messed about by sellers - and I think I have the record for strangest seller), these people will have no honour or decency.