How-to

My buyer pulled out. Can I get my costs back?

Published 16 September 2026 · 7 min read · By Evren Ergin

Usually not: in England and Wales a buyer can pull out at any point before exchange of contracts without owing the seller anything, unless you both signed a separate agreement such as a reservation agreement. The good news is that most sellers lose less than they fear, because the largest selling costs are only paid when a sale completes.

TL;DR

  • An offer is not legally binding in England and Wales until contracts are exchanged, so a buyer who withdraws before then does not have to cover your costs.
  • What is usually at risk is legal work done so far, typically part of a £610 to £950 conveyancing fee, plus any leasehold management pack at £300 to £800.
  • Your EPC stays valid for 10 years, most agents are paid only on completion, and much of your solicitor's file can be reused for the next buyer.
  • Protect yourself next time by moving in step with the buyer, reading commitment by what they have spent, and checking no sale, no fee terms before you instruct.

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Why can't I claim my costs back from the buyer?

Because in England and Wales an accepted offer is not a contract. The government's own guidance says an offer is not legally binding until contracts are exchanged, so up to that moment either side can walk away without owing the other anything.

Exchange of contracts is the point at which both sides sign matching contracts and the sale becomes legally binding. Before it, a buyer pulling out is disappointing but it is not a breach of anything, unless you both signed a separate agreement that says otherwise.

Is this common?

Yes. The government's home buying and selling reform roadmap, published on 19 June 2026, puts the share of transactions that fail at around one in three, and the cost to consumers at around £400 million a year. You are in a very large group of sellers who have been here.

Why agreed UK sales failed in the second quarter of 2026 (Quick Move Now, published 28 July 2026)

ReasonShare of failed sales
Mortgage or lending issues33%
Survey problems27%
Chain break13%
Buyer's circumstances changed13%
Legal issues13%

What costs might I be left with?

Most sellers lose less than they fear, because the biggest costs of selling are only paid when a sale completes. What is usually at risk is the legal work done so far and any documents you paid for up front.

Seller costs when a sale collapses before exchange (HomeOwners Alliance 2026 guide; GOV.UK)

CostTypical figureLost if the buyer pulls out?
Conveyancing fee for selling£610 to £950, plus around £300 for leaseholdPartly, for work already done, unless you have a no sale, no fee deal
Leasehold management pack£300 to £800Often yes, though it may be reusable for your next buyer while still in date
Energy Performance Certificate£60 to £120No, it is valid for 10 years and carries over
Estate agent feeUsually a percentage of the sale priceUsually nothing, as most sole agency fees are due on completion; check your contract
Your own removals bookingVariesOnly if you booked and paid before exchange

Abortive fees are what a solicitor charges for work done on a sale that did not complete. A no sale, no fee arrangement means you pay little or nothing of the legal fee if the sale falls through, but the HomeOwners Alliance advises checking exactly what the guarantee covers.

What should I do now to keep my losses down?

  1. 1. Ask your solicitor for an itemised bill

    Ask what has been charged, what counts as abortive work, and whether your engagement letter includes a no sale, no fee term that applies.

  2. 2. Ask whether the work carries over

    Your title documents, property information forms and draft contract can usually be reused for the next buyer, so ask your solicitor to keep the file open rather than start again.

  3. 3. Check any signed agreement

    If you and the buyer signed a reservation agreement or anything similar, send it to your solicitor, because that is the one situation where money may be owed to you.

  4. 4. Read your agency contract

    Confirm when the agent's fee falls due, and whether a failed sale changes anything about your tie-in period.

  5. 5. Find out the real reason

    Ask your agent why the buyer pulled out, because a mortgage problem, a survey finding and a change of heart each point to a different fix before you relist.

  6. 6. Get back on the market promptly

    Relist with a fresh description and, if needed, fresh photos, so the home reads as available rather than as a sale that went wrong.

What about after exchange?

Everything changes once contracts are exchanged. The buyer has usually paid a deposit, and if they then fail to complete they put that deposit at risk and may be liable for your losses under the contract.

If you are past exchange and the buyer is not completing, speak to your solicitor the same day. That is a legal dispute, not a setback, and it has deadlines.

How do I protect myself with the next buyer?

You cannot make a buyer stay, but you can make sure you are never much further ahead than they are.

  • Read commitment by what the buyer has spent and instructed: a solicitor instructed and paid, searches ordered, a full mortgage application in and a survey booked.
  • Move in step with your buyer. Instructing your own solicitor early is cheap and keeps momentum, but hold the costly extras until the buyer has put money down too.
  • Most collapses happen early: TwentyEA data published in April 2026 found 38% of fall-throughs happen in the first four weeks, which is when to hold back hardest.
  • Consider a mutual reservation agreement, where both sides put money down and the side that walks away without a permitted reason compensates the other.
  • Choose a conveyancer whose no sale, no fee terms you have read before you instruct them.

An accepted offer is a promise, not a contract. Spend in step with the buyer and a collapse costs you weeks, not thousands.

Is the law going to change?

Yes, gradually. The reform roadmap published on 19 June 2026 plans to make binding conditional contracts a requirement once upfront sales packs are established, later in this Parliament. Until then, voluntary reservation agreements are the main way to put money behind a promise.

ValuQ gives UK homeowners free, side-by-side property valuations from competing local estate agents, so when you relist you can check your price against current local opinion before you commit to anything.

Common questions about a buyer pulling out

Can I sue a buyer for pulling out before exchange?

Almost never. An offer is not legally binding in England and Wales until contracts are exchanged, so a buyer who withdraws before then has not broken a contract. The exception is a separate signed agreement, such as a reservation agreement, which your solicitor can check.

Do I have to pay my solicitor if the sale falls through?

It depends on your terms. Many conveyancers charge for work already done, known as abortive fees, while others offer a no sale, no fee arrangement. Your engagement letter sets out which applies to you.

Can I keep a holding deposit the buyer paid my estate agent?

Not usually. A small holding fee paid to an agent is normally returned to the buyer if the sale does not go ahead, unless they signed terms saying otherwise, and a fee paid under an agent-fee reservation scheme goes to the agent rather than to the seller.

Does the buyer lose money when they pull out too?

Usually, yes. A buyer who withdraws typically loses what they have spent on their own solicitor, searches, survey and mortgage fees, which is why a buyer who has spent more is generally less likely to walk away.

Is it different in Scotland?

Yes. Scotland uses a different system in which the deal becomes binding earlier, through formal letters between solicitors known as missives. This guide covers England and Wales.

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Sources

Terms in this article

Plain-English definitions from the ValuQ property glossary.

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