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Pulling Out of a House Sale Before Exchange: The Legal Position

What buyers and sellers risk by withdrawing, and how to avoid a sale falling through.

Pulling Out of a House Sale Before Exchange: The Legal Position Property Legal, Risk & Compliance

Updated October 2026 · Fraser Bond

Buying & selling · Legal

Pulling out before exchange

Not bindinguntil exchange
Costsyou may lose
After exchange10% deposit at risk
Fall-throughshow to avoid
In short: In England and Wales, either side can pull out of a property sale at any time before contracts are exchanged, without a legal penalty. You may lose money already spent, such as survey, legal and mortgage fees. After exchange, the contract is binding: a buyer who pulls out usually loses their deposit (often 10%) and may face a claim for further losses, and a seller who pulls out can be sued. Scotland works differently. Fraser Bond progresses sales actively to reduce the risk of fall-throughs.
StageBuyer pulls outSeller pulls out
Offer acceptedNo legal penalty; lose costs spentNo legal penalty; buyer loses their costs
Before exchangeNo legal penalty; lose costs spentNo legal penalty, unless a lock-out agreement says otherwise
After exchangeUsually lose deposit; may owe moreBreach of contract: can be sued

Pulling out of a sale in England and Wales

What could a buyer lose before exchange?
Total at risk–

Some costs, like mortgage fees, may be refundable or transferable. Check with your lender and solicitor.

Reduce the risk of a fall-through

Selling with Fraser Bond

  • Buyers vetted for finance and position
  • Proactive sales progression
  • Regular updates for both sides
  • Quick re-marketing if a sale fails

Frequently asked questions

Can I pull out after my offer is accepted?

Yes, until exchange, without a legal penalty.

What is gazumping?

When a seller accepts a higher offer after agreeing a sale but before exchange.

What happens if I pull out after exchange?

You are in breach of contract and usually lose your deposit.

Can Fraser Bond help my sale go through?

Yes. We progress sales actively from offer to completion.

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