Why Do Buyers Fail to Complete?
Every property transaction journey begins with a simple goal: transferring ownership from one party to another. However, in the labyrinthine process of UK property transactions, one particular stage has proven notoriously challenging—the post-exchange completion. On rare occasions, a buyer may walk away from the deal even after exchanging contracts. Considering the substantial 10% deposit typically at stake, these situations are quite significant. So, what might compel a buyer to take such a drastic step?
Property Chain Collapse
Perhaps the most common reason for post-exchange failure is the collapse of the buyer's own property sale. Property chains are delicate; if a link breaks, the entire chain can unravel. If the buyer was depending on the funds from their own sale to finance the purchase, they may be forced to pull out of the deal.
Withdrawal of Mortgage or Credit
Mortgage approval is a pivotal piece of the property buying puzzle. Should a bank or financial institution withdraw a previously approved mortgage or credit line, it leaves the buyer in a precarious situation, unable to complete the transaction.
Personal Crisis
Life is unpredictable. A sudden personal crisis, such as death, severe illness, or accident, can derail a buyer's plans. Such situations can result in the unfortunate withdrawal from a property transaction post-exchange.
Legal Troubles
Criminal charges, fraud, or imprisonment can unexpectedly thwart a buyer's property purchase plans. Legal troubles often bring financial uncertainty, making it unfeasible for the buyer to go ahead with the purchase.
Employment Instability
A buyer's job situation can significantly impact their ability to complete a property purchase. Job loss, withdrawal of a job offer, or other unexpected changes in employment can seriously hamper a buyer's financial circumstances.
Market Volatility
The property market, much like any other market, is subject to fluctuations. A sudden fall in property prices, a rise in borrowing costs, or significant currency fluctuations (particularly relevant for foreign buyers) can lead to second thoughts. In these cases, buyers might choose to forfeit their deposit in anticipation of a larger financial loss.
Collapse of legal representation
Conveyancers and solicitors can cease trading, sometimes without any notice. This can have a disastrous effect on a property sale in progress.
Case Studies
Buyer pulls out after market drop
KentScenario
A seller agreed to sell to a developer, exchanged contracts, and delayed completion. The market softened; the buyer reneged.
Outcome
The seller forfeited £200,000 deposit, recouped ~£100,000 in interest, renegotiated limits on losses in onward purchase contract, and eventually sold at a market-adjusted price—avoiding insolvency by negotiation over litigation.
Buyer fails to complete due to market downturn
Scenario
A buyer agreed to purchase a property for £605,000 and exchanged. The buyer failed to complete, and the seller moved back in.
Outcome
Property value dropped to £495,000. Court ruled buyer liable for £110,000 loss plus costs, beyond deposit.
Buyer delays completion due to cyber attack
Scenario
An elderly seller exchanged contracts on a flat with completion set shortly after. Buyer's solicitor cited a cyber attack as the reason for delay.
Outcome
Notice to Complete served.
Last-minute damp report demand stalls chain
Scenario
A three-property chain was set to complete. Buyer at bottom of chain demanded a damp report just days before completion.
Outcome
Chain delayed. Sellers experienced inconvenience and stress.
Buyer fails to complete resulting in extreme personal pressure
KentScenario
Businessman Mr N selling his marital home to upsize to have a family. Had an offer accepted on a house of his and his wife's dreams and exchanged contracts on his forward purchase. His buyer failed to proceed.
Outcome
Mr N was forced to take out incredibly expensive bridging loan of £1m in order to complete on his purchase. The entire experience put extreme pressure on a young family with 2 small children and a new born baby. They did not sell their property until 3 months later.
Buyer bankruptcy derails divorce sale
Devon/DorsetScenario
In 2011, divorced couple agreed the sale of their family home at £5m. The buyer exchanged contracts and the 10% deposit of £500,000 was put in escrow, with completion due 6 months later. Ex-husband purchased a new home, confident the family home would be sold.
Outcome
Buyer went bankrupt and failed to complete. This had a seriously damaging outcome. Ex-husband was unable to give divorce settlement, wife found herself financially bereft with three young children and escalating overheads. After 12 months, ex-husband had to sell his new farm as he was haemorrhaging cash, losing approximately £500,000.
Solicitor merger stalls completion
LincolnshireScenario
Having exchanged contracts on two transactions in the same chain, with completion set for 5th November, buyer's solicitor advised they were unable to complete due to solicitor firm merger. The mortgage was issued and the newly merged firm were not on that lender's panel of Solicitors.
Outcome
Two breaches in the same chain. Panel application to lender took several weeks. Caused untold worry and difficulty for all concerned.
Billionaire neighbours attempt to change terms after exchange
Notting HillScenario
An elderly couple in their 80s agreed to sell their long-time Notting Hill home to their ultra-wealthy next-door neighbours for incorporation into a guest wing. Contracts were exchanged with completion set for two months later. With just days remaining, the billionaire buyers demanded to delay completion by three months with no explanation.
Outcome
Rather than concede, the sellers secured emergency bridging finance to proceed with their onward purchase on the original timeline.
£45,000 cost of failed completion
Caversham, ReadingScenario
Abdus Saboor and his wife Mounia saved for almost a decade for their perfect family home. On November 9, a removal van arrived to take their possessions to a four-bedroom house they had bought for £675,000. At 10:30am they were told not to pack - buyer's mortgage funds had not arrived. At 2pm, the deal was off completely.
Outcome
The buyer's mortgage company had withdrawn their offer at the last minute. Abdus and Mounia were stranded in their property which they thought they had sold for £339,000. On November 24, they defaulted on their purchase and forfeited their £67,500 deposit, plus may have to pay £12,000 compensation. They retain their buyer's £33,900 deposit but are more than £45,000 out of pocket including £2,800 solicitor costs and £400 removal costs.
Fictitious excuse not to complete
ChelseaScenario
Purchaser accused seller of misinformation on pre-contract enquiries despite exchanging contracts on agreed sale of £2.9m.
Outcome
Seller spent £150,000 on legal fees. Forced buyer to complete after months of litigation.
Completion delayed by buyer's funding
Sandbanks, DorsetScenario
Purchaser exchanged on beach front development site and could not complete due to lack of funding.
Outcome
Notice to Complete issued. Funding eventually came through. Seller's plans delayed.
Buyer loses £300k deposit
Old Chelsea, LondonScenario
Buyer exchanged on £3m purchase on flat and due to personal reasons failed to complete.
Outcome
Buyer forfeited £300k deposit. Agent didn't get fee. Seller's plans changed.
Buyer got freaked out
South KensingtonScenario
Property investment company agreed purchase of a former Children's Hospital School in Collingham Gardens. Exchange of contracts took place, however purchaser became uncomfortable with a padded room on first floor.
Outcome
Purchaser forfeited their deposit and did not complete. The agent did not receive fees and threatened legal action. The building was being sold by Trustees who threatened legal proceedings for costs and time. Property was later sold after serious delays.
Buyer failed to complete
KentScenario
Elderly gentleman downsizing property sale. Contracts were exchanged, 10% deposit paid by buyer. Buyer failed to complete due to buyer unable to sell own property.
Outcome
Seller took out loan on forward purchase. Extremely stressful, emotionally draining and expensive to keep on two full time gardeners and house keeper. Added stress was that all furniture/paintings removed from property, so property would never 'show' as well as it did before.
The reasons above highlight the perils of the post-exchange stage in property transactions. While these scenarios are not commonplace, they do occur (our research indicates hundreds of times a year nationwide), highlighting the necessity for sellers to safeguard their interests in the property market.
ClozeSure is designed to address these issues and provide security to sellers and is instrumental in restoring balance and confidence, ultimately enabling a smoother, more predictable property transaction process.