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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear sir we have exchanged contracts on our house sale process

Resolved Question:

Dear sir

we have exchanged contracts on our house sale process we complaned that the house we was buying had remove an item that we was told would be staying to cut a long story short we was asked how much we would except off the house which we did we then got an e-mail to say that they would pay it when the revised contract returned it was less then we was expecting but we did not know what sum of money there solictor had request any we was please it was less signed the contract and hand deliverd it.
A week after contracts have exchanged our solictor is now saying thr estate agent of the house we are buying send her the wrong sum of money so we now have to pay the extra.
surly this should have been picked up early and can they really demand that we pay it or sale fulls though for something that is not us who is to blame.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Sorry. I am a bit confused.

Are you saying that an item that was supposed to be included in your house purchase has been now confirmed that it is not included?

Tom

Customer: replied 1 year ago.


i am saying a revised contract was sent to us we signed it they have exchange our solictor is saying someone ie our solictor estate agent or the other solictor in the change made a mistake with the sum of money to be taken off

Expert:  Thomas replied 1 year ago.
Right. So, because the item was not to be included I would use to purchase price was agreed. You I have exchanged contracts but the seller's solicitors purchase price is different to your solicitors purchase price.

Is the above correct?

Tom
Customer: replied 1 year ago.

i do not know all i know is she is saying that we have to pay extra or she will not do completion

Expert:  Thomas replied 1 year ago.
Hi

What was your understanding of how the purchase price would be changed? Ie. By what amount..

Tom
Customer: replied 1 year ago.


i realy do not see what the amount has to do with it the fact is revised contact was sent out one thousand and ten less which we signed and exchange now because one or both solictors made a mistake we are expected to pay for there mistake all i want to know is can they make us pay it or be homeless which is what we will be come next thusday

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

I was just trying to get a better handle on the details to provide you with a better answer.

Really, you have to refer to your solicitor here. I would have expected them to have advise you of the full details of the dispute.

If it is the case that a reduced purchase price was agreed because an item was subsequently decided not to be included then the reduced purchase price should have been clearly documented in correspondence between both your solicitor and a solicitor of the seller BEFORE you exchanged contracts so that there is no doubt what is the revised purchase prices.

If this did not happen and there are 2 different purchase prices then you are plainly at a stalemate. I would suggest that you request a meeting with your solicitor as a matter of urgency so that they can explain with reference to the letters that I've gone between solicitors how this error has actually managed to occur. It's pretty unusual frankly.

Unless it is agreed what the correct purchase price is then it is possible on the day of completion that if you send an amount which is not agreed by the seller solicitors then they will refuse to complete. This will mean that they will not give you position of the property on completion.

Obviously you need to avoid this situation because if you are not able to complete on the day they will serve a notice to complete on your solicitor giving you a for short period of time to complete. If you do not agree the completion money and complete at this point then you will likely end up in litigation.

Someone has made a massive mistake here and you need to get to the bottom of it by speaking with all relevant parties. You should start with your solicitor and then also the agent. If it subsequently shown that your solicitor has made a mistake then you will have a claim against them for the money most likely.

I cannot express how important it is to act quickly in contacting your solicitor.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
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