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Drastic change in the law necessary

(55 Posts)
CountessFosco Sat 31-Dec-22 13:50:14

If there are others who have been affected by the anguish of buying and selling houses in England and who have been frustrated and left in the lurch by would-be buyers "pulling out" [ridiculous expression] after several weeks, would they please sign the Change.org petition to have the law tightened to stop this nefarious practice and make the sale binding? After all, if Scotland [and most other places where we have lived in the world] can do it, then so can England.
Happy New Year everyone

Lathyrus Sat 31-Dec-22 23:17:03

Oh surveyors fees then. It was years ago. Does the Report replace the need for a survey?

J52 Sat 31-Dec-22 23:14:55

Lathyrus

My sister spent thousands on House Buyers Reports in Scotland and didn’t win one bid.

It’s a silly petition. It doesn’t give any idea what system would replace the current one.

It’s the seller who pays for the Home Report in Scotland not the buyer.

Callistemon21 Sat 31-Dec-22 23:11:12

The exchange of contracts should be binding?
If a buyer or seller drops out after exchange of legal contracts then a penalty should be paid?

Yes, it does need to be more specific, I think, CountessFosco.

Someone we know, who is financially very savvy, insisted on a clause where the would-be purchaser paid a penalty for every month the buyer delayed. The buyer dropped out after six months of prevarication and time-wasting.

Lathyrus Sat 31-Dec-22 22:59:55

But what change?

Callistemon21 Sat 31-Dec-22 22:49:50

Fleurpepper

We experienced a real nightmare with the sale of our last house- due to the person asking 20% off on the day of signing contract. The stress is just beyond belief.

Will sign right now.

That's awful, Fleurpepper
I know it happened to a very elderly couple near here a few years ago when they were downsizing to my friend's bungalow. The buyer, a builder, said he couldn't raise the funds after exchange but before completion! It caused problems right down the chain too.

Moving house is very stressful indeed.
Anything that removes some of the stress should be introduced.

Signing!

Lathyrus Sat 31-Dec-22 21:47:13

My sister spent thousands on House Buyers Reports in Scotland and didn’t win one bid.

It’s a silly petition. It doesn’t give any idea what system would replace the current one.

SueDonim Sat 31-Dec-22 21:43:01

M0nica

The Scottish system is no better. Couples will sometimes do all the preliminaries - with all the costs, necessary before they bid, only to not get the property.

I hav eheard of couples biding on 10 properties without success and spending thousands of pounds with othing to show for it.

The fact of the matter is that both systems have advantages and dis advantages and buying a property is never easy wherever you do it.

Are you meaning the multiple surveys, Monica? That’s one thing that has changed and I think for the better. Scotland now has Home Reports which are commissioned by the seller and anyone can access what it says. That means the buyer knows what they’re bidding on. A buyer can still commission their own report, of course.

We had many viewers and five offers on our house earlier this year but not one of them wanted their own surveyor’s report, so I think people have faith in the system. smile

Floradora9 Sat 31-Dec-22 21:33:49

SueDonim

House sales in Scotland can still fall through, in fact it’s increasingly so now, ime. We sold last year but it wasn’t a ‘slam dunk’ until the moment we had the money in the bank. That was quite a shock to us, after having previously bought and sold in the Scottish system.

I agree when we last bought we were well warned that it could well fall through up to the last minute. It used to be once you had agreed a sale it was a done deal .

J52 Sat 31-Dec-22 21:29:58

At least in Scotland you get the Home Buyers Report ( survey) at the sellers cost before you make an offer. Once the Missives are done ( searches etc. usually about 4 weeks) there’s no going back without compensation to the buyer.

Dee1012 Sat 31-Dec-22 21:09:38

On the day a relative was due to exchange contracts, the seller advised her that another prospective buyer had offered a larger amount which they were willing to accept, unless she could 'match' the the price.
Any new legislation needs to protect all parties.

CanadianGran Sat 31-Dec-22 20:45:44

I know I am confused about your home buying and selling contracts, and agree it should change.

In Canada it is a formal contract of sale, clauses can be added in, but must be accepted by the other party, for instance, we agree to sell for xxx dollars subject to financing by xxx date. If the purchaser does not have financing in order by then, the deal can fall through, but neither party can change any prices. The clauses can include inspections, financing or sale of another property, but with a closing date.

I have heard many heartbreaking stories in England regarding deals falling through. It just doesn't seem right that the prices can change once an agreement is made.

M0nica Sat 31-Dec-22 18:51:23

The Scottish system is no better. Couples will sometimes do all the preliminaries - with all the costs, necessary before they bid, only to not get the property.

I hav eheard of couples biding on 10 properties without success and spending thousands of pounds with othing to show for it.

The fact of the matter is that both systems have advantages and dis advantages and buying a property is never easy wherever you do it.

mokryna Sat 31-Dec-22 18:31:43

It is even problematic in France. The buyer has to put a down payment when signing for the property, which will be lost, if the agreement is broken. However, if it is a problem with the bank (which could be arranged with the bank somehow if the buyer has changed their minds), then the buyer does not lose anything and gets the down payment refunded.
This happened twice this year to my friend’s son while selling his flat in Paris.

Alioop Sat 31-Dec-22 17:57:16

All signed.
Happy New Year to you all 🥳

Oreo Sat 31-Dec-22 17:53:46

No, not signing.
There can be many good reasons for pulling out of a house sale.
Have moved many times and had to pull out twice.

SueDonim Sat 31-Dec-22 17:52:29

I couldn’t see any actual proposals in the link for the changes. What are the suggestions?

Blossoming Sat 31-Dec-22 16:31:28

grannysyb

I would sign, but it seems that I have to do so via Facebook, don't want to sign up for it

You don’t have to go through Facebook, just click on the link posted by Countess Fosco. I just signed without any problems smile

Oopsadaisy1 Sat 31-Dec-22 16:29:21

Signed

grannysyb Sat 31-Dec-22 16:23:37

I would sign, but it seems that I have to do so via Facebook, don't want to sign up for it

Barmeyoldbat Sat 31-Dec-22 15:26:25

Signed and put it on facebook

Katie59 Sat 31-Dec-22 15:09:37

There is another way, Auction, deposit at the fall of the hammer, very little comeback. But it’s double edged because sellers can’t back out either a lot of them gazump buyers.

CountessFosco Sat 31-Dec-22 14:42:19

For what it is worth, we contacted our MP, who has now written five responses, all of which are full of "see attached link to guide you through the process" etc. with absolutely nothing actually being done. As this last was our 24th move world-wide, we shall never move again, but as friends and relations continue to suffer, and as the MPs seem to be useless, a petition seemed like a good idea. Let's all keep our fingers crossed that something drastic is done, and soon.

Fleurpepper Sat 31-Dec-22 14:39:55

We experienced a real nightmare with the sale of our last house- due to the person asking 20% off on the day of signing contract. The stress is just beyond belief.

Will sign right now.

Normandygirl Sat 31-Dec-22 14:34:30

Thankyou, have signed.
The problem is that most people only "suffer" from this outdated system, maybe once or twice in their lifetime and just want to forget the whole sorry experience once it's over, usually muttering " never again", making public pressure difficult to motivate. I believe moving house is 2nd on list of the most stressful experiences in peoples lives after bereavement, and that's mostly due to the archaic system still in place in the UK. It needs to change.

pandapatch Sat 31-Dec-22 14:22:06

Agree, the system is totally ridiculous. My son and family were moving last year. Their property was sold stc and they had found a lovely new home. Then on the day contracts were to be exchanged the sellers of their new home decide to stay put.