As I see it there are several things to consider here.
If you have not exchanged then it might be possible to walk away and forfeit reservation and finder’s fees (though given the developments of the company the receivers might have a different point of view)
If you have exchanged then you still have a legal responsibility to complete. TIC are not responsible for changes in the lending criteria, hence if you are unable to secure a mortgage then it is your problem and not theirs.
There might be some mileage in the following: figures over inflated, the fact that contracts were signed with TIC and not BVG, R&B etc but at the end of the day these are very specialist areas and you need to get legal advice if you are going down this path.
As I said the letter concerning the Agreement to Assign seems to be a blanket ‘salvo’ to everyone and makes the assumption that the purchaser has no intention to complete, which in many instances (including mine) is not the case. For those who intend to attempt to walk away it makes it clear that the R&B intends to recover costs and you will have a fight on your hands and the law will not be on your side if you have exchanged.
TIC has acted as an introducer and normally this would be the extent of their liability. The reason this gets more complicated is that TIC have an obligation with the developer to complete if the deal falls through, hence they are passing on that financial liability to us (the purchaser) and as I said, if you are unable to complete (due to the ‘credit crunch’) that is not their problem, nor would it be whether they were still trading or not.
Also – I am not a specialist in Law, as I see it if you have committed to complete then the onus is on you to complete or be liable for the financial consequences (the cost between the prices the developer gets at auction and the price you committed to pay for the property, plus marketing costs and further incurred costs which could be more than the original gross purchase cost!)
Just my view of the world. Please get advice if you plan not to complete on a purchase.
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