Can I sue my Auctioneer ?

H

harrisjeep

Guest
My house went sale agreed 12 weeks ago. The contracts for my house have been sitting with the purchasers for 7 weeks. For all that time my Auctioneer has been telling lies about the progress that is being made on the purchase. I asked for the contracts to be returned to me because there was no sign of progress. I found out today that the purchasers morgage broker told my Auctioneer over 5 weeks ago that their clients would not get loan approval because their VISA expires next month.I have now subsequently lost the house I was intending to buy and a large some of money. Does anyone know if I have any comeback on my Auctioneer.
 
It's very odd. How could the auctioneer benefit by not telling you the truth? I suspect that someone else along the line is lying to you. Maybe the purchasers' mortgage broker who was hoping that the sale might go through?

Put the case to the auctioneer and get his response. Then you can decide what to do.

Brendan
 
My solicitor advised me that we should have requested the contracts back a fortnight ago, but on my Auctioneers word, they told me that the purchasers solicitor had received loan approval by fax, and was waiting on the hard copy, which turned out to be another lie

I did put the case to the Auctioneer, but they kept telling me that everything was in place for their loan approval, it was the motgage broker who was holding things up by not sending the loan pack to their solicitors.

I think my Auctioneer thought through time this deal would go through, but the thought of having to reshow the house and actually doing some work to sell the house must have been too much for them!
 
In a similar situation myself now 11 weeks from sale agreed,some people think it's only the vendors that are complete messers.Estate agent will be told tomorrow that unless signed contracts arrive within 5 workin days with a 2 week closing period,house goes back on the market.
 
thewatcher said:
Estate agent will be told tomorrow that unless signed contracts arrive within 5 workin days with a 2 week closing period,house goes back on the market.
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Is the solicitor not responsible for getting signed contract rather than EA?
 
Is the solicitor not responsible for getting signed contract rather than EA?


Actually, stand back. What is the problem here? - purchasers cannot purchase. They are the problem. Other people may have a part to play but, in the end, Vendor sells, purchaser purchases or not.

Next time, put a very tight deadline on signed Contracts and agreed closing date. Keep an eye on it, and check with your solicitor (a) when contracts go out and (b) if they are back by the agreed time.

mf
 
I would imagine, you now set your closing date, they fail to proceed, you keep their deposit, end of story.
 
Unless contracts have been exchanged I don't actually think you are entitled to keep the deposit.
 
CCOVICH said:
Unless contracts have been exchanged I don't actually think you are entitled to keep the deposit.
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That is correct, no contracts were signed and the purchaser loses nothing.
I am the only loser out of mess.
 
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