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Deposit Paid - but seller won't sign contract

  • 02-10-2013 7:43pm
    #1
    PKD
    Registered Users Posts: 22 ✭


    Hi,

    I am in a situation.

    I saw a house I liked, went to view it , met the owner, who was female, and all seemed ok . The asking price was 245k . After some haggling, we agreed on a sale price of 220k.
    The house was taken off the market, I got the mortgage sorted, paid for the house to be valued by the bank , paid for structural report, got all insurances etc sorted, appointed solicitor, signed the contract, and paid the deposit of over 20k into the solicitors account. . . .so all sorted from my end.

    I found out half way through this that the house was for sale due to a failed marriage. The x-husband had moved out, and wanted to sell . the wife did not want to sell apparently, as house was in her parents farmland. . . however she seemed ok about it when I met her at the viewing.

    But now, the husband has signed the contract, but she has not done so, 2 months later, despite being pressurised from my solicitor, the husbands solicitor, and the estate agent who dealt with the sale.

    where do we stand now?? she keeps saying that she'll sign it next week. . . but next week comes and goes.

    does she have to sign? what happens if she does not - what happens my deposit, who covers the cost of my solicitor fees / valuation fees / structural survey fees, not to mention all the time I spent sorting out the bank, and the getting contract signed.

    we really want the house . . should we tell her she's 2 weeks to sign , or else we'r pulling out? or is this making it too easy for her?

    any knowledge on such a situation would be greatly appreciated.

    Joe
    Tagged:


Comments

  • #2
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    She doesn't have to sign. The ex can go through lengthy legal proceedings to compel her to sign, but it is outside your control.

    If the sale falls through, you get your deposit back but are out of pocket for legal and surveyor costs.

    As for whether to give her a deadline, I would.


  • #3
    PKD
    Registered Users Posts: 22 ✭PKD


    MouseTail wrote: »
    She doesn't have to sign. The ex can go through lengthy legal proceedings to compel her to sign, but it is outside your control.

    If the sale falls through, you get your deposit back but are out of pocket for legal and surveyor costs.

    As for whether to give her a deadline, I would.


    thanks MouseTail,

    Why would she have gone so far in the first case, as in allowing the house to be put up for sale (giving it to the estate agent), and agreeing a sale price with me?

    Also, would I still have to pay full cost for my solicitor , even though the sale did not go ahead?


  • #4
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Maybe the house she is trying to buy is delayed or even fallen through. She may be just trying to delay your completion until she's better sorted.

    As far as I know all you can do is issue a notice of completion which basically means she has 28 days to complete the deal or you can walk away with your deposit. You don't have to pull out when the 28 days is up but it's the only threat you have. After that you can pull out at any time.

    The bulk of the solicitors fee is admin of the new house so you shouldn't have to pay that. Most solicitors wont charge you once you go with them on the final house you do get.


  • #5
    coolhandluke
    Registered Users Posts: 249 ✭✭coolhandluke


    MouseTail wrote: »
    She doesn't have to sign. The ex can go through lengthy legal proceedings to compel her to sign, but it is outside your control.

    If the sale falls through, you get your deposit back but are out of pocket for legal and surveyor costs.

    As for whether to give her a deadline, I would.

    If his solicitor has sent off a signed contract without any expiry date which i believe a standard contract does not have, you may very well find the ball is firmly in her court.

    Have you got a signed contract from her ?....i doubt it.


  • #6
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,521 Mod ✭✭✭✭L1011


    PKD wrote: »
    he wife did not want to sell apparently, as house was in her parents farmland. . .

    If her parents are still alive, its possible you are going to have VERY bad neighbours if you ever get this.


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  • #7
    PKD
    Registered Users Posts: 22 ✭PKD


    coolhandluke wrote: »
    If his solicitor has sent off a signed contract without any expiry date which i believe a standard contract does not have, you may very well find the ball is firmly in her court.

    Have you got a signed contract from her ?....i doubt it.

    Balls is firmly in her court. . . . To do what???? She agreed to put it up for sale, agreed sale price . . What exactly is she trying to do like. .???

    For the record . . The contract did say that the transaction to be completed by 18 sept . . Which has expired.


  • #8
    PKD
    Registered Users Posts: 22 ✭PKD


    MYOB wrote: »
    If her parents are still alive, its possible you are going to have VERY bad neighbours if you ever get this.

    Shur she put it up for sale. That's not our fault. If it wasn't us that was goin to buy it, someone else would. Not our fault it's for sale.

    Wer paying good price for it . . At a time when money hard to come by. . .


  • #9
    wirelessdude01
    Registered Users Posts: 8,417 ✭✭✭wirelessdude01


    Sounds like she is just going through the motions and trying to stay in what she considers to be her home. When she has the bank at her back about falling behind on payments you might see a different side to her. Give a renewed completion date and stipulate that if it isn't completed by that date then your offer is either off the table or reduced by a certain amount. You need to decide on what you are going to do. Personally I would withdraw the offer as it is a forced sale and the parents possibly won't be very nice neighbours.


  • #10
    Orlaw3136
    Closed Accounts Posts: 234 ✭✭Orlaw3136


    You need to decide whether you're willing to wait around for ever, for a short time or not at all.

    If the first, wait and see.

    If the second, get your solicitor to write with a deadline stating that if contracts arn't signed sale is off - you will get your deposit back (either your solicitor has it or the vendors does).

    If the third, pull the plug now. Again you'll get the deposit back.

    In case two or three you are unfortunately liable for your legal and any other fees/expenses.

    My sympathies - its a pretty lousy situation. I hope it is sorted out.


  • #11
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    If the contract said the 18th sept then its 28 days from there that you can get your money back. So you still have til wait til then anyway.


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  • #12
    Orlaw3136
    Closed Accounts Posts: 234 ✭✭Orlaw3136


    ^ No..as I understand it the wife hasn't actually signed the contract. The OP could pull it right now if so. Once a contract is signed notice periods for completion etc. kick in on service of the appropriate notice.


  • #13
    pippip
    Registered Users Posts: 2,249 ✭✭✭pippip


    Orlaw3136 wrote: »
    ^ No..as I understand it the wife hasn't actually signed the contract. The OP could pull it right now if so. Once a contract is signed notice periods for completion etc. kick in on service of the appropriate notice.

    Sorry yes that right, I kept thinking it was the final contract signing. Didn't realise it was the initial signing.

    I'd be patient op. if she didn't want to sign she would have just said so. If she keeps saying she will be in then it's just she needs time to organise something. I've just gone through a similar delay and it's very frustrating but kept our cool and all worked out after 9 months of waiting.


  • #14
    Orlaw3136
    Closed Accounts Posts: 234 ✭✭Orlaw3136


    pippip wrote: »
    I've just gone through a similar delay and it's very frustrating but kept our cool and all worked out after 9 months of waiting.

    Good advice - cool head needed.


  • #15
    PKD
    Registered Users Posts: 22 ✭PKD


    pippip wrote: »
    Sorry yes that right, I kept thinking it was the final contract signing. Didn't realise it was the initial signing.

    I'd be patient op. if she didn't want to sign she would have just said so. If she keeps saying she will be in then it's just she needs time to organise something. I've just gone through a similar delay and it's very frustrating but kept our cool and all worked out after 9 months of waiting.


    Thanks for that pipi. I think you might be right. I don't think the parents thing is a problem as they have sold other sites nearby.

    I am willing to give her time . . Im not goin to put pressure on anyone who is already under pressure . . But, I need to know what's happening.

    Maybe I should give her a month to sign the contract, and say that she can stay in the house for another month or two or more if needed?


  • #16
    PKD
    Registered Users Posts: 22 ✭PKD


    Orlaw3136 wrote: »
    Good advice - cool head needed.



    If I don't give her a deadline to sign contract ( not to move out ) am I not just giving them a chance to find a higher bidder . . And just acting as a fall back option for them . . As in, they may be thinking they might find someone else who will offer more for the house, and if they don't, they always have me to fall back on????


  • #17
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    PKD wrote: »
    I am willing to give her time . . Im not goin to put pressure on anyone who is already under pressure . . But, I need to know what's happening.

    Maybe I should give her a month to sign the contract, and say that she can stay in the house for another month or two or more if needed?

    To be honest, it sounds like you need to start impressing upon her the need to either **** or get off the pot (to put it bluntly!) at this stage. The more leeway you give her the more she will just pussyfoot around the issue. You can sympathize with her situation (and I do) but at the end of the day she is messing you about, so she needs to either cop on, realize that she is only delaying the inevitable and sign the contract to move on, or else make the decision to not sell, give you back your money and stop stringing you along.

    It might sound a cold hearted way of looking at it, but ultimately her personal problems/situation are not your concern; either she wants to sell or she doesnt, and you cant wait around forever.


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