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What should you do if your Buyer pulls out?

In some countries, for example Scotland, once the sale of a property is agreed, it then becomes a legally binding contract and the buyer is locked into the agreed deal. The Scottish system is more beneficial to the seller than the buyer and although it is possible to pull out of a sale early on in the process, the exchange of missives, which are basically letters exchanged by solicitors, the buyer’s solicitor making a formal offer and the seller’s solicitor accepting the offer, make that offer and acceptance a legally binding contract. This exchange of missives happens early on in the process.

This is not the case in England, where a buyer, or a seller, for that matter, can pull out of an agreed sale right up to the moment when contracts are exchanged, which is very late in the process. Unfortunately sellers have no rights, and no protection up to the exchange of contracts. A buyer can withdraw, at no cost to them, right up to the exchange of contracts.

This raises the questions, what can I do to minimise the risk of this and what do I do if the worst happens and my buyer pulls out at the last minute?

What should you do if your buyer pulls out?
What should you do if your buyer pulls out?

The reason a buyer pulls out is important and although the buyer is under no obligation to give a reason, the agent needs to try to find out why the buyer is pulling out and most buyers pulling out of a deal will give an indication of why.

If the buyer’s chain has broken down, they may need to withdraw from their agreement with you, although it is not unknown for the chain to be restored if someone down the line finds another buyer. It is therefore sometimes wise to do nothing for a few days.

If it turns out to be a personal issue – such as a change or loss of a job or a relationship change, then at least you have some comfort in knowing that the circumstances were not caused by a problem at your end and you need do nothing to mitigate the reason.

It is important that your estate agent keeps dialogue with the buyer. Very few buyers who have second thoughts about a deal do not show signs of this. They can become difficult to contact, unanswered telephone calls, messages or emails can be signs that all is not well and the buyer is uncomfortable with having conversations with the agent, so try to ensure that your agent is taking nothing for granted and is keeping in regular contact with the buyer to gauge their mood and pick up on any worries they may have or any changes in their attitude.

A survey report which details problems with the property can be a valid reason for the deal falling down, but if the buyer is willing to either amend their offer to compensate for the remedial work, or the seller is willing to have the work done, it may be possible to resurrect the deal. If not it then gives the seller the opportunity to react to the survey before re-advertising the property.

If your buyer pulls out, it may seem like the end of the world to a seller who has been through the stress of selling their house, but it is something that all estate agents will have experienced and dealt with in the past. That being the case, take advice from your estate agent, any good agent will discuss your predicament and agree a way forward.

Your agent should initially inform any other parties who have shown interest in your property that it is once again available and ascertain if any of those retains an interest in pursuing a deal with you. Failing that the agent will advise you of any action you need to take to rectify any problem areas which the loss of the sale has highlighted and will then begin to remarket the property.

When a buyer pulls out of a house sale it costs you time and money, and can cause a great deal of stress. It is therefore worth taking a few steps to minimise your risks.

Ask your estate agent to find out a bit of background and give you a summary of the prospective buyer’s circumstances. Are they, first time buyers, part of a chain, do they have finance in place, why are they looking to move? All this will help you to decide which offer to accept if you have more than one offer. First time buyers are ideal, they are not part of a chain, which can be useful to minimise the number of links in a prospective buyer’s chain.

You will probably have met your prospective buyers when they viewed your house, get their contact details and keep in touch with them, a personal touch always helps.

It is recognised that around 20% of house sales fall through before exchange of contracts, although most of these do eventually sell to other buyers. Most of us could do without the hassle and extra time and money we would need to spend if a buyer pulls out, but it should not be a showstopper, treat it as a ‘could do without’ and press on to a successful sale.