If I reserve a new build and have paperwork to show , can the estate agent sell to someone else?
I reserved a house on a small site and was told no deposit required because it’s awkward to refund when buyers pull out. I have signed paperwork from the estate agent selling the property and it says clearly the property will be taken of the market. Now I have been told it’s been sold to someone else . Everything they required we followed their instructions so we haven’t caused this problem our side . Do I legally have grounds to challenge this?
- Beverly SLv 74 weeks ago
Depends on what you and they signed. If you have a full purchase contract with all the terms- price etc.. signed by you and the sellers they can't do this unless you are denied for a mortgage.Source(s): Mortgage lender 33 years.
- JudyLv 74 weeks ago
see a lawyer..............
- SlumlordLv 74 weeks ago
Read the contract carefully and see if this truly reserved the plot for only you, if there is no way for the seller to get out of this contract, and if the contract if truly enforceable.
If so, then you need to see a lawyer adn the sooner the better. When this sort of thing happens, where I am (its rare but doesn come up from time to time) typically the seller gets sued (for breach of contract or for specific performance - ie to force him to perform on a contract, which he of course can't do since he no longer owns the land) and has to pay to settle the lawsuit.
I doubt you can reverse the sale but you can probably force the seller to pay you for breach of contract, or something similiar. What your damages are if up to the lawyers to argue over.
Also, FYI, you could possibly record the contract on the title of the now sold property (this is allowed some places, but not others). This creates a cloud on the title so the new buyer can't resell of refinance the property. This pisses off the new buyer so that they now sue the seller as well, creating more pressure on the seller to settle with you.
- 4 weeks ago
Get a real estate attorney immediately. Here in Texas a contract is a contract after all parties have signed and executed. Make sure you have not violated the contract in any way. Earnest funds are not necessary to have a contract. They are simply a means to ensure performance of a buyer.
- How do you think about the answers? You can sign in to vote the answer.
- 4 weeks ago
Well of course not, they have a contract with you.
- MaxiLv 74 weeks ago
When money has not changed hands then your contract only 'reserved' a plot, clearly others who also reserved have appointed their socilitor, arranged their mortgage and
moved forward........ you can ALWAYS challenge/sue however be aware it is not free to do that and it will depend on what the contract states
"A contract is a legally binding promise (written or oral) by one party to fulfil an obligation to another party in return for consideration. A basic binding contract must comprise four key elements: offer, acceptance, consideration and intent to create legal relations".
- TavyLv 74 weeks ago
No in the U.K. your update contradicts your post.
The builders can cancel your purchase, no money has changed hands, you can't force them to sell to you.
- Anonymous4 weeks ago
Does the paperwork you do have say you have any grounds to sue?
I doubt you have a case. But can't you just get the new build next door or something?