Should buyers compensate sellers if they pull out of a house purchase before contracts are exchanged?
In England and Wales an accepted offer on a house is not legally binding until contracts are exchanged. Buyers can withdraw at any point before then without compensating the seller for costs such as legal fees or surveys. Around one in four agreed sales falls through before completion. The government announced 2026 reforms to introduce earlier binding conditional agreements and seller sales packs but these are not due until 2029.
6 Opinions
England needs to adopt the Scottish system where it's minding at the Conclusion of Missives.
The seller isn't the only one who loses out with legal fees. The buyer will also have incurred financial costs and be out of pocket. If the buyer has to compensate the seller, for whatever reason, I think it might damage the housing market, by putting up the price of housing, again.
It is not that simple, sellers can also pull out for whatever reason, including a better offer! And don’t try to tell me Scotland is better ! When an offer is accepted its binding on both … except when it isn’t 💩You pay the estate agents fee anyway 💩The solicitor can act for buyer and seller then if it falls through he dumps one 💩 They will try to trick you with witnesses to get you to say ‘anything’ 💩You have to find a solicitor to take your case on … Ha !! 💩
We need an initial contract at deposit stage, and breaking without good reason from either party results in compensation. An independent survey by sellers would help.
There are existing mechanisms allowing to protect seller: Lock-out agreements. Home buyer/seller protection insurance. Speed up the process of selling and constantly verify buyer readiness. Sometimes despite best will on both sides, accidents happens.
The lack of any formal contract in England until final exchange is madness. The time and cost to reach that point, only for a buyer to cancel and endanger a chain, can be costly and is such an easy thing to fix.