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The law when buying a property

Posted by abritabroad - Created: 4 years ago
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5 replies (Showing replies: 1 to 5)

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Posted by JT-190706 - 4 years ago

If all else fails, consult an attorney.  Sometimes a letter is enough to make the other party re-think their possition.  

Best of luck.

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Posted by laughingboy-409220 - 4 years ago

If you offered them the full asking price, they have to accept it, there can be no argument about that.

If you made a lower offer and they accepted it, it is slightly more open to argument but I agree that an acceptance by email should be binding. As you say, they may have had a better offer - but equally, they may have had to drop the price a lot in order to sell, and are hoping that having gone to the trouble of arranging a mortgage etc, you will now feel you are too committed to drop out at this stage so they are trying to squeeze a bit more money out of you.

I wouldn't give them another cent. I would threaten them with the legal route and the chances are they will back down. Good luck.

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Posted by abritabroad - 4 years ago

Thank you both for your views. I would agree that this email stating that the offer requested has been met and nothing more said otherwise that this is legally binding as the sellers are out of the country and are not able to easily sign the contract. With both the estate agent as a witness and the manager of the agency both agreeing that the purchase was agreed to, i believe i have sufficient grounds to proceed the legal route, which will ultimatley block the purchasing of this property for a minimum of 2 years - which of course no one wants. I may increase the offer slightly but i am upset to do this as i feel they have been totally unethical and i am sure there is another party bidding with a higher offer - even when i have signed the document stating my offer.

 

Thanks again for your advice. Fingers crossed this mess is cleaned up quickly and everyone is satisfied. This is my first time buy and it isnt going as smoothly as i had hoped!! - probably expected. I wish you better success with your projects.

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Posted by nissalabella - 4 years ago

After a bit of research, I came to the conclusion that, unless the seller can certify that the mail he sent didn't-couldn't be issued by him, his mail can be considered as valid and used as a proof, especially when you have a third party - the agent - who can certify that he had the seller on the telephone to advise him of your offer and, consequently, received the confirmation of the acceptance by mail.  You have to use your agent to get this sale fixed and have it validated.

 

My advise is for you to talk to your agent and keep a very strong belief that you are 100% in the right.

Good luck,

N.

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Posted by KAdams - 4 years ago

As far as I'm aware, only a signature on the Compromis de Vente from both parties kicks off the legal process (ie 7 days cooling off period).  You're agent Really should be guiding you through this and, I would think, should have insisted on their signature before you had any checks done....  A notaire would probably be adble to advise if their email could be deemed legally binding if you're agent isn't playing ball.  Equally if you feel your agent has not done a good job you could suggest he reduce his commisssion to cover the extra price the sellers are trying to charge..?

Good luck!