• Late Completion

    By Guest on 14th Feb 2014

    I completed half a day late [instead of 1pm on the Wed it was midday Thurs]I paid the necessary penalty to the sellers solicitor approx £240,but after 2 months the seller is asking/claiming compensation for extra incurred costs does this have any legal standing ?

  • 2 Answers

    By Guest on 08/03/2014

    Yes it does. Failure to complete on the contractual completion date is a breach of contract and like any breach of ay contract you will be liable for any losses suffered by the other party which were a "reasonably foreseeable consequence" of your failure to complete on time, subject to the other party's duty to mitigate their loss (i.e. they had to stay in a hotel for a night they could recover this cost from you but they could not charge you for a stay in the Dorchester where more sensibly priced accommodation was available unless but for your breach the standard of accommodation they would have spent that night in was of a standard similar to the Dorchester). You should however consider seeking legal advice before settling any claim.

  • By Guest on 12/06/2014

    Yes is the simple answer. By failing to complete on time you were in breach of contract and as with any contract the seller is entitled to sue you for any losses reasonably incurred. The usual rules apply as with any claim for damages so the losses claimed must have been a "reasonably foreseeable consequence" of your failure to complete and the seller must have taken steps to mitigate his losses, that is to keep his losses down. The £240 you have paid is most likely his solicitor's fee for serving a "notice to complete". You should speak to your solicitor about the seller's claim as soon as possible.

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