Solicitor says we must go ahead, even though contracts are not signed

thingy

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Sorry to resurrect this thread, but looking for a quick answer.

A relative has had some confusion with a house sale.

Offer was made and accepted on their house, deposit was paid but then the purchaser pulled out. They came back into play today and the solicitor re-accepted the offer on my relatives behalf. The solicitor claims that my relative instructed them to do so this morning, but in the confusion of phone calls and pressure my relative doesn't remember doing so.

The problem is another potential buyer has come into play, with a substantially better offer, however the solicitor is adamant that nothing can be done with out legal liability.

But, from the little info I can find, once the contracts haven't been signed, either party can still back out, no?

Would hugely appreciate some help on this!
 
Note - I have moved this to a new thread.

The problem is another potential buyer has come into play, with a substantially better offer, however the solicitor is adamant that nothing can be done with out legal liability.

But, from the little info I can find, once the contracts haven't been signed, either party can still back out, no?
Either side can pull out if the contracts are not signed.

I suspect your relative has misunderstood the solicitor. It's possible that the solicitor is fed up with the messing and just wants to go ahead.

Was there an auctioneer involved? Usually the reinstated offer would come through them rather than the solicitor.

If the purchaser pulled out once, you have absolutely no legal or moral liability to them and should move with the other offer, if they are in a position to complete it.

If your solicitor insists that it can't be changed, then ask him to put it in writing. Then get a second opinion from another solicitor.

Brendan
 
... But, from the little info I can find, once the contracts haven't been signed, either party can still back out ...
Yes, as there are no contracts signed, neither party is committed to completing the transaction. The initial deposit is a refundable "expression of interest". IANAL
 
It really is good to know that some solicitors want to resume a role of being an Estate Agent as well as a legal practitioner !!

In the case that a deposit was paid, it's refunable in the case a better offer arises. Signing and Exchanging Contracts is the important part. When and until this is done by both sides there is nothing to bind either party.
 
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