Sale fell through, what now :(

venusdoom

Hi all. We've got word that the house we were buying has been taken off the market, the owner has decided not to sell. We had our mortgage approved, booking deposit was paid months ago to the estate agent and the only thing holding back was an issue with the land registry to which our solicitor was sorting out. We got word that it's not going ahead but that's about it. Until we hear further details, can anyone give us any information on whether we can get our booking deposit back and who pays the solicitor fees who was to-ing and fro-ing with the land registry for months, only for it to be sorted and now the seller has pulled out and keeping the house. It's kinda unfair if we have to pay as we've got nothing from it in the end. Thanks in advance.

The Mulk

Hi,

Hard luck, same thing happened to us and we were heart broken, it gets easier after a few weeks/months:)
The booking deposit from the EA is fully refundable, but you're liable for your own solicitors fees.
I haven't paid my solicitor yet as I'm still looking to buy.
I've told them( and they accepted) that i'll pay them when i eventually move(currently looking).

Cathmandooo

Sorry to hear that, awful thing to happen.

The Estate Agent will refund your booking deposit in full immediately if the house is definitely not going to be sold.

You'll have to still pay your solicitor I'm afraid, they have been working for you and are entitled to their fees. You might be able to get a reduction on the original quotation, have a chat with them.

venusdoom

Thank you all. It is upsetting when it was so close!! I feel now that the land issue has been resolved the owner has changed their mind. Oh well. I'm glad we'll get the deposit back anyway. And yes, true about the solicitor, just frustrating that it didn't benefit us. Thanks again.

SarahMollie

Happened to me 3 times so I feel your pain (well twice the banks blocked a sale, and once I had to pull out because of an issue with title that my solicitor uncovered). Its heartbreaking, but you do get over it eventually.

You're responsible for your own solicitors fees, although as a previous poster pointed out, it may be possible to come to some arrangement with them on the proviso that you'll eventually use them. You are absolutely entitled to your booking deposit back - I'm presuming this was being held by the agent?

Unfortunately people are free to change their minds up until contracts are signed. If for whatever reason it was you who changed your mind at this point in the process, you would still get your deposit back and would only be liable for your legal fees.

cassid

Sorry to hear that,its a pain when that happens.

Irish people often says whats meant for you won't pass by, keep looking the right house for you will hopefully come your way shortly.

We were let down at the last minute but found another house in the end. Love the neighbours/area where I am now, was disappointed at the time but we got a better house in the end.

MarkAnthony

OP remember the booking deposit works both ways. If you've a property that is taking ages, keep looking. If you need to pull-out do so. Your booking deposit is still refunded.

pwurple

Yup, been there. It sucks... And you pay. You do get deposit back.

I don't see your engineer's fees there, but we paid for them several times too on sales that did not complete.

Quazzie

With your solicitor sorting out a land registry issue, has the seller basically gotten an outstanding legal sorted at your expense?

venusdoom

It could seem that way, given that the property has been on the market a long time. On the other hand the seller most likely has fees to pay too so we'll just have to count our losses. Thanks for all your replies.

TeaBagMania

Cathmandooo wrote: »

You'll have to still pay your solicitor I'm afraid, they have been working for you and are entitled to their fees.

This is total BS
I started a thread about this awhile back asking about this exact scenario. Some type of contract should be in place so if the seller “changes their mind” they are responsible for all costs the buyer has forked out

Gumbo

TeaBagMania wrote: »

This is total BS
I started a thread about this awhile back asking about this exact scenario. Some type of contract should be in place so if the seller “changes their mind” they are responsible for all costs the buyer has forked out

Should it also work in the opposite way too that if a buyer pulls out they are liable for the sellers legal fees to date?

SarahMollie

TeaBagMania wrote: »

This is total BS
I started a thread about this awhile back asking about this exact scenario. Some type of contract should be in place so if the seller “changes their mind” they are responsible for all costs the buyer has forked out

Best of luck with that - Land Law in Ireland is not for turning.

The law always sides with the property owner, and until you sign contracts, thats still the vendor. Everything up to that point is just due diligence and negotiation.

athtrasna

Teabagmania and SarahMollie please do not post on this thread again.

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