Sue Seller For Breach Of Contract?

[Gumption]

We recently bought a house at auction (Northern Ireland), it's now 2 months later and the vendor has still not completed the sale. We are being told that the bank won't release the title deeds due to the shortfall between their mortgage and the sale price. Surely that means that the vendor had no right to sell the property at auction?

Can we withdraw and request recompense for the costs incurred so far (in total about £2500)? The costs were for a full survey, solicitor's fees and auction fees
(in addition to the 10% deposit).

We can't hold on indefinitely because the sale was time critical, the property is grade II listed in a conservation area, the roof needs repaired and any bad weather will continue to increase the cost of refurbishment.

Thankyou

[Pumbah]

They had the right to sell, provided they had the means to make up the shortfall. Maybe hey expected to get more than the mortgage at the auction. Property law in Northern Ireland may be different from England and Wales, as it is in Scotland. You really need to speak to your solicitor. Have the auctioneers offered any views?

[Peter Pedant]

Certainly when I bought at auction it was made clear to me that if I didnt complete within the time (four weeks I think) then they would re-auction

rather than ask us I think yo need to ask the auctioneer and erm your solicitor whom you say you have hired

so why you are asking us.......

[Gumption]

thanks for your responses - the auctioneer has said that it's nothing more to do with them. Our solicitor is a conveyancing solicitor who deals with the purchase of the house. This was more a question regarding breach of contract. Buyers have the property surveyed, pay an auctioneer fee and have to provide 10% deposit to make it less tasteful to back out, there seems to be nothing in place to protect the buyer.

[hc4361]

You need to send a Notice to Complete to the seller. Completion must then take place within 10 days.

If the sellers does not comply you have the right to rescind the contract and the seller must recompense you completely.

Engage a solicitor - you will be able to reclaim his fees too, and it will make the process a lot easier and less stressful.