J
johnny10
Guest
Hello,
I have a query that i hope someone will be able to help out with.
We recently Sale Agreed on a property, even though our own property was not sale agreed. It was expressly agreed and offered as a USP by both vendors and estate agent that there would be an open ended closing date with this purchase (i.e. not putting us under pressure to sell our house in a hurry). The deposit amount agreed was 20k and they wanted contracts signed with a clause stating 'subject to the sale of our own property'.
We are fully aware that offering an open ended closing date is not usual and most solicitors would advise against it, however we kept clarifying before we went sale agreed that they were happy with it (even though they were offering it).
Anyways, we Sale Agreed and the time came for us to work towards signing contracts (our own house still not sold). At the last minute the people changed the deposit amount to 50k (10%) and wanted us closed within three months.
As an aside, we had a survey done which showed up some things that needed further investigation. We organised for a relative to travel from Clare to Kildare to do this survey as a favour for us. When we got to property (appointment had been arranged a week in advance) the vendor was still in the property and would not leave! We therefore had to leave, without conducting survey and send relative back to Clare!
At that point, given that the terms and conditions had changed and the experience of trying to conduct survey, we decided that we had no option but to pull out. (These vendors would keep our 50k if not closed within three months - far from the original agreement!).
My question is that given that the Sale Agreed was negotiated with certain t&c's and that given the vendors moved the goalposts, can we demand to be reimbursed for our surveyor costs etc?
We would never have sale agreed under new terms and conditions (not that silly).
Any advice?
EA's are obnoxious so can't imagine getting too much joy from them
Any suggestions welcome.
Thank you.
I have a query that i hope someone will be able to help out with.
We recently Sale Agreed on a property, even though our own property was not sale agreed. It was expressly agreed and offered as a USP by both vendors and estate agent that there would be an open ended closing date with this purchase (i.e. not putting us under pressure to sell our house in a hurry). The deposit amount agreed was 20k and they wanted contracts signed with a clause stating 'subject to the sale of our own property'.
We are fully aware that offering an open ended closing date is not usual and most solicitors would advise against it, however we kept clarifying before we went sale agreed that they were happy with it (even though they were offering it).
Anyways, we Sale Agreed and the time came for us to work towards signing contracts (our own house still not sold). At the last minute the people changed the deposit amount to 50k (10%) and wanted us closed within three months.
As an aside, we had a survey done which showed up some things that needed further investigation. We organised for a relative to travel from Clare to Kildare to do this survey as a favour for us. When we got to property (appointment had been arranged a week in advance) the vendor was still in the property and would not leave! We therefore had to leave, without conducting survey and send relative back to Clare!
At that point, given that the terms and conditions had changed and the experience of trying to conduct survey, we decided that we had no option but to pull out. (These vendors would keep our 50k if not closed within three months - far from the original agreement!).
My question is that given that the Sale Agreed was negotiated with certain t&c's and that given the vendors moved the goalposts, can we demand to be reimbursed for our surveyor costs etc?
We would never have sale agreed under new terms and conditions (not that silly).
Any advice?
EA's are obnoxious so can't imagine getting too much joy from them
Any suggestions welcome.
Thank you.