Pulling out after a contract has been signed but not exchanged

oklej

Registered User
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Hello. I wonder if I could still back out from the purchase of a property once I signed the contract but it has not been exchanged yet. I also paid in the deposit to my solicitors account. Can I ask them to transfer it back to my account? Will I have to pay any penalty for that other than the fees?
 
Hi

What does your solicitor say?

If you have handed over the signed contract to the other side, then you can't back out, unless they agree.

If they do not have a signed copy, then you have no legal obligation, and can get your deposit back without penalty.
 
I believe that they do not have a copy yet. I signed the contract and handed it over to my solicitor but they haven't exchanged it just yet. Could I simply ask my solicitor to return the signed copy along with my money?
 
Your solicitor should just tear up the contract, if those are your instructions. But you need to do it promptly.
 
I am still willing to complete the purchase however I needed to know that for sure as I want to start playing hard with the solicitor as they are
 
Perhaps your solicitor is rubbish.

More likely, this is proving to be a complicated situation. And takes time to resolve.

As you feel so neglected, I suggest that you find a more caring solicitor and move your business to them. More caring solicitors will give you love, affection, time, endless time and will charge you appropriately.

You could also write a stiff letter of complaint to the Law Society about the current solicitor but I suggest that you should be very clear what your complaint is. And that complaining to the Law Society is unlikely to speed up the process.

mf
 
wow. and I have just noticed that this is an Irish forum and I live in England. Suppose everything might be different here than?
 
Perhaps your solicitor is rubbish.

More likely, this is proving to be a complicated situation. And takes time to resolve.

As you feel so neglected, I suggest that you find a more caring solicitor and move your business to them. More caring solicitors will give you love, affection, time, endless time and will charge you appropriately.

You could also write a stiff letter of complaint to the Law Society about the current solicitor but I suggest that you should be very clear what your complaint is. And that complaining to the Law Society is unlikely to speed up the process.

mf
Brilliant!

... my solicitor also provides on-the-couch counselling and a great tension-relieving shoulder massage when I'm really stressed out that my property purchases aren't going as quickly as they should. ;)
 
Hi

What does your solicitor say?

If you have handed over the signed contract to the other side, then you can't back out, unless they agree.

If they do not have a signed copy, then you have no legal obligation, and can get your deposit back without penalty.

Your solicitor should just tear up the contract, if those are your instructions. But you need to do it promptly.

Eh?????

http://www.askaboutmoney.com/showpost.php?p=1389461&postcount=162

http://www.askaboutmoney.com/showpost.php?p=1389506&postcount=170

Why was I accused for being immoral for suggesting that people who walk away from a house purchase if it suited them and contracts weren't signed aren't necessarily bad people?

Why aren't you advising the OP here about your moral view of what they are suggesting?
 
More caring solicitors will give you love, affection, time, endless time and will charge you appropriately.

mf

Ah, the OP is based in England, maybe English solicitors aren't as loving and caring as us Irish types. A hug and a kiss in every letter.

Eh?????

http://www.askaboutmoney.com/showpost.php?p=1389461&postcount=162

http://www.askaboutmoney.com/showpost.php?p=1389506&postcount=170

Why was I accused for being immoral for suggesting that people who walk away from a house purchase if it suited them and contracts weren't signed aren't necessarily bad people?

Why aren't you advising the OP here about your moral view of what they are suggesting?

Because the OP here seems only to have signed contracts in their own solicitors office and these havent yet been sent to the other party. Therefore no binding contract yet.

xxx,
love,
Vanilla
 
Because the OP here seems only to have signed contracts in their own solicitors office and these havent yet been sent to the other party. Therefore no binding contract yet.

xxx,
love,
Vanilla

I know but in the other thread, Brendan made a big argument about what he thought about people who pulled out of agreements just because it suited them. In the example, he himself created he said the following about people like the OP or in that case me....

'You entered an agreement.
You can fulfill that agreement.
Yet you simply walk away from it if it no longer suits you.

I don't think think that is the right thing to do.

Actually, I think it's a lousy thing to do to the seller, and possibly their family, and possibly others in a property chain. But hey, you will do what is right for you.'

I am simply curious about where this moral view is in the advice given above.

I do like the idea of signing off all posts with the 'love' thing.....
 
Hi Sunny

You are absolutely right.

I just focused on answering the question asked.

I should, of course, have pointed out that it is not morally right to do so, although he is within his legal rights.

Brendan
 
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