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Vendor is delaying. Can I withdraw from the process or is it too late?

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  • 07-11-2014 3:31pm
    #1
    spectre
    Registered Users Posts: 729 ✭✭✭


    I went sale agreed over three months ago. it took two months for the vendor's solicitor to issue contracts. I signed and paid deposit but the vendor has yet to return the contract.

    I've absolutely had it with the vendor and his solicitor (and my own solicitor for that matter) and I want to tell them all to go and f*#k themselves.

    If I tell the vendor to return the deposit, can he simply ignore my request and send on the signed contract, thereby completing the legally binding agreement?


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    spectre wrote: »
    I went sale agreed over three months ago. it took two months for the vendor's solicitor to issue contracts. I signed and paid deposit but the vendor has yet to return the contract.

    I've absolutely had it with the vendor and his solicitor (and my own solicitor for that matter) and I want to tell them all to go and f*#k themselves.

    If I tell the vendor to return the deposit, can he simply ignore my request and send on the signed contract, thereby completing the legally binding agreement?

    You've signed the contract and committed to the purchase, your solicitor should be on to them about the delay. One month from contract signed to completion is not excessive, if the house was good enough for you to want to buy it, it will be worth waiting a bit longer.


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    #3
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    davo10 wrote: »
    You've signed the contract and committed to the purchase, your solicitor should be on to them about the delay. One month from contract signed to completion is not excessive, if the house was good enough for you to want to buy it, it will be worth waiting a bit longer.

    Nope. If the contracts haven't been exchanged there is no contract and your deposit is fully refundable. Your own solicitor still has the deposit. It would only be paid over on exchange of contracts.


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    #4
    spectre
    Registered Users Posts: 729 ✭✭✭spectre


    davo10 wrote: »
    You've signed the contract and committed to the purchase, your solicitor should be on to them about the delay. One month from contract signed to completion is not excessive, if the house was good enough for you to want to buy it, it will be worth waiting a bit longer.

    From the moment I went sale agreed, there has been what can only be described as deliberate delay at every point.

    The vendor's solicitor refuses to use email. He will only send documents by post or fax. The solicitor is apparently always out of the office and never returns phone calls.

    You see, the bank is forcing the vendor to sell; I suspect that the current rent is all cash and the bank aren't getting any of it. So, it's in the vendor's interest to delay as long as possible.

    With that in mind, telling him to get lost is probably playing into his hands.

    I do still want the house, but the excitement I initially felt when I went Sale Agreed has all but died; I am failing week after week to get answers to even the most basic of requests. I'm tired of being stonewalled and sick of the sense of powerlessness to do anything about it despite the fact that I'm paying for everything.


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    #5
    TrishSimon
    Closed Accounts Posts: 206 ✭✭TrishSimon


    spectre wrote: »
    From the moment I went sale agreed, there has been what can only be described as deliberate delay at every point.

    The vendor's solicitor refuses to use email. He will only send documents by post or fax. The solicitor is apparently always out of the office and never returns phone calls.

    You see, the bank is forcing the vendor to sell; I suspect that the current rent is all cash and the bank aren't getting any of it. So, it's in the vendor's interest to delay as long as possible.

    With that in mind, telling him to get lost is probably playing into his hands.

    I do still want the house, but the excitement I initially felt when I went Sale Agreed has all but died; I am failing week after week to get answers to even the most basic of requests. I'm tired of being stonewalled and sick of the sense of powerlessness to do anything about it despite the fact that I'm paying for everything.

    Houses in negative equity or repossessions always take that bit longer some can take up to 6 months if you really want the house just have patience it will all work out in the end, your solicitor should be getting onto the vendors solicitor to get things moving that is what you are paying him for.


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    #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Bigcheeze wrote: »
    Nope. If the contracts haven't been exchanged there is no contract and your deposit is fully refundable. Your own solicitor still has the deposit. It would only be paid over on exchange of contracts.

    Yip, see OPs first post, contracts were issued and he signed them, assuming vendor signed them before they were issued, contracts have been exchanged and are awaiting completion but OP has commited to the purchase, deposit would have been forwarded with signed contract to vendors solicitor.

    But we can guess all we want, OP your solicitor is the person you should be talking to, ask him/her if contract is now enforceable and if he/she has your money.


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    #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    spectre wrote: »
    From the moment I went sale agreed, there has been what can only be described as deliberate delay at every point.

    The vendor's solicitor refuses to use email. He will only send documents by post or fax. The solicitor is apparently always out of the office and never returns phone calls.

    You see, the bank is forcing the vendor to sell; I suspect that the current rent is all cash and the bank aren't getting any of it. So, it's in the vendor's interest to delay as long as possible.

    With that in mind, telling him to get lost is probably playing into his hands.

    I do still want the house, but the excitement I initially felt when I went Sale Agreed has all but died; I am failing week after week to get answers to even the most basic of requests. I'm tired of being stonewalled and sick of the sense of powerlessness to do anything about it despite the fact that I'm paying for everything.

    If you are not being kept informed, it's your solicitor you should be annoyed with, you are paying him/her to represent your interests. Buying properties where banks are involved in the decision to sell is a pain in the ass as unlike a normal sale where an individual makes the decision, in this case it is some bank official with a stack of files on a desk who is in charge. But hang in there, I once had to wait 2 years to complete a purchase from a religious order. But patience is a virtue and at best you get the home you want, at worst you will get your money back.


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    #8
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    You have two basic choices.

    Pull out or wait. Pulling out just wastes everybody's time and you have incurred costs. Waiting can be accelerated - tell them they have X time or you are thinking of pulling out. However, make sure that it is your solicitor that conveys this, and does it properly, not you.
    davo10 wrote: »
    assuming vendor signed them before they were issued
    Vendors never sign first. Vendors always sign last as they can retain the power to cancel the contract.


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    #9
    iguana
    Registered Users Posts: 12,916 ✭✭✭✭iguana


    TrishSimon wrote: »
    Houses in negative equity or repossessions always take that bit longer some can take up to 6 months

    Up to 6 months? 6 months would be considered amazingly fast for a negative equity sale. Mine took 7 months and compared to most other posters on the buying a house in NE thread I was very lucky. Plenty have taken up to and over a year.


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    #10
    Bigcheeze
    Closed Accounts Posts: 2,858 ✭✭✭Bigcheeze


    davo10 wrote: »
    Yip, see OPs first post, contracts were issued and he signed them, assuming vendor signed them before they were issued, contracts have been exchanged and are awaiting completion but OP has commited to the purchase, deposit would have been forwarded with signed contract to vendors solicitor.

    But we can guess all we want, OP your solicitor is the person you should be talking to, ask him/her if contract is now enforceable and if he/she has your money.

    Read the op. Contracts have not been exchanged.


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    #11
    spectre
    Registered Users Posts: 729 ✭✭✭spectre


    I'm appalled to learn that 6+ months seems to be fairly standard for these forced sales.

    As far as I'm aware, they haven't yet been signed. At the time, the vendor's solicitor had not sent on the boundary map so I was signing the contract subject to that being resolved.
    OP your solicitor is the person you should be talking to, ask him/her if contract is now enforceable and if he/she has your money.

    You're right. Will be on to him first thing Monday morning. I was of the impression that my deposit had been sent to the vendor's solicitor with the signed contract but I could be mistaken. I feel like an idiot for now knowing where my money is.


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    #12
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    Bigcheeze wrote: »
    Read the op. Contracts have not been exchanged.

    Sounds to me like the contract was signed by the purchaser, sent to the vendors solicitor and havent been countersigned.

    My understanding of the statute of frauds is that a contract for sale of land is enforceable against a party once they have signed, whether the other party has signed or not. Could be wrong though.


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    #13
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    johnnyskeleton wrote: »
    Sounds to me like the contract was signed by the purchaser, sent to the vendors solicitor and havent been countersigned.

    My understanding of the statute of frauds is that a contract for sale of land is enforceable against a party once they have signed, whether the other party has signed or not. Could be wrong though.
    I don't think it is as straightforward as that, or as skewed against one side as that. But it's an area where I would not like to be drawn into litigation.


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    #14
    alibab
    Registered Users Posts: 678 ✭✭✭alibab


    johnnyskeleton wrote: »
    Sounds to me like the contract was signed by the purchaser, sent to the vendors solicitor and havent been countersigned.

    My understanding of the statute of frauds is that a contract for sale of land is enforceable against a party once they have signed, whether the other party has signed or not. Could be wrong though.

    I was in the situation where I had signed paid all deposit mortgage drawn down and I was paying. Vendor had not signed . I finally lost it with solicitor and asked them what's the worst case scenario and they said vendor could still pull out even when had gone that far . It all went okay in end but stressful. I am sure if it was okay for them to walk away it should work both ways


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    #15
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    alibab wrote: »
    I was in the situation where I had signed paid all deposit mortgage drawn down and I was paying. Vendor had not signed . I finally lost it with solicitor and asked them what's the worst case scenario and they said vendor could still pull out even when had gone that far . It all went okay in end but stressful. I am sure if it was okay for them to walk away it should work both ways

    Unfortunately not. However, if the vendor refuses to close that can give rise to remedies suh as specific performance or arguably a right to terminate. Once youve signed and given that sined copy to the other side you have accepted the offer in writing.


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    #16
    Victor
    Registered Users Posts: 78,423 ✭✭✭✭Victor


    johnnyskeleton wrote: »
    Sounds to me like the contract was signed by the purchaser, sent to the vendors solicitor and havent been countersigned.

    My understanding of the statute of frauds is that a contract for sale of land is enforceable against a party once they have signed, whether the other party has signed or not. Could be wrong though.
    I would agree. A vendor can then sign any time they want.


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