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Illusive Completion Date...

(13 Posts)
user1484313858 Mon 15-May-17 16:52:25

This isn't really a question... just bit of a whinge. We had our offer accepted in mid Feb - mortgage offer etc all through early March. We're currently in rented and the seller isn't buying anything.

Our seller(s) are divorcing with one of the two still living in the property. Very reluctant seller and even more reluctant to leave. Messed us around with a completion date after pushing it back 2 weeks on the day we were due to exchange. After a brief and rather disgruntled dialogue we have agreed to the new date, however the resident seller has since fallen off the planet and isn't returning any calls from the solicitor or EA. This has been going on for a week.

We have to leave our rented place at the end of the week - no negotiation on this. We didn't think that this would be an issue as we were originally advised that completion would be end of April.

So i'm packing boxes to move, just to be moved again. Friends and family are kindly taking our stuff in, and we're having to stay with our parents. I think our seller would love us just to pull out as they clearly don't want to leave the property, but we can't/won't for various reasons.

I just want it to be over. I'm permanently irritated by the whole slow process and any enjoyment or excitement I initially had has been well and truly quashed.

Bloody houses. I'm never moving again.

CotswoldStrife Mon 15-May-17 17:28:13

This sounds incredibly stressful - have you actually exchanged?

If you are in contact with the reluctant vendor, I would point out that you are moving out of your own property at the end of the week and will now be piling on the pressure for completion. Via recorded delivery letter if necessary!

specialsubject Mon 15-May-17 17:42:04

Unfortunately this is why you should not give notice on a rental until you have exchange.

If you gave notice, you must leave. If the landlord did, you don't have to.

If you have exchanged, the seller goes whether they like it or not when you complete.

Honeyandfizz Mon 15-May-17 18:35:48

Oh I so hear your frustration! I sold my house 2nd Feb to first time buyers in rented and they've only had the survey done today 😖 I am also separating from h and have found an empty doer upper, should be simple right? Wrong took owners of house I'm buying 7 weeks to submit documentation to solicitor. I am never ever ever ever moving again. Just keep telling yourself you'll forget all of this once in.

Spickle Mon 15-May-17 20:01:05

Our seller(s) are divorcing with one of the two still living in the property. Very reluctant seller and even more reluctant to leave

It is always tricky selling a property with divorcing vendors, especially when one half of the couple is reluctant to leave. Documents need to be signed by both sellers and it may be that the reluctant divorcee has refused to sign the contract and transfer. If one half of the couple is living elsewhere then documents for signing need to be sent via post to one client and then the other, therefore taking much longer than if both parties live at the same property.

Messed us around with a completion date after pushing it back 2 weeks on the day we were due to exchange

Who told you that you were due to exchange that day? Did the seller's solicitors and your solicitors said that they were ready to exchange? Although client preferences for exchange and completion dates are taken into account, only the solicitor can advise when they are ready and the same goes for the seller's solicitor. If you haven't had your solicitor asking for your confirmation to go ahead and exchange, then they were never ready. Completion dates will be set at exchange, not before. Once exchange takes place the completion date is fixed and it will be legally binding, therefore costing ££ if one of you pulls out or delays. I'm assuming that you haven't exchanged yet and therefore either party can change their mind if they so wish.

We have to leave our rented place at the end of the week - no negotiation on this. We didn't think that this would be an issue as we were originally advised that completion would be end of April

Did you give notice on the basis that you were originally advised that completion would be end of April? Was it the EA who told you this? Did you ask your solicitor for advice about when to give notice? If you had, they would have said to give notice as soon as you have exchanged. Alternatively, did the landlord give you notice? If so, you could refuse to leave as mentioned by pp above or maybe see if you can find a holiday let for a few weeks.

I think our seller would love us just to pull out as they clearly don't want to leave the property

It may come to that if they continue to be obstructive towards the sale. Do they have to sell the house because of a court order or do you think one half of the couple will try to buy the other out and therefore not sell to you after all?

I do understand how frustrated you feel - maybe you should look at alternative properties, just in case...!

user1484313858 Tue 16-May-17 10:12:42

Thanks everyone for your knowledgeable comments! We've been struggling with communication from our own solicitor which hasn't helped. We're yet to exchange as we still haven't received confirmation of the agreed new completion date. We gave notice on our rental as everything was agreed by all parties for completion on a certain day, which was then scuppered by the vendor changing his mind on exchange day (before the exchange obviously).

I've since read so many threads about the added time and complication of buying from separated couples... I know everyone isn't the same and I can appreciate the upheaval, especially when it isn't what you want must be awful, but it also does seem to impact buyers unfortunately. As far as I have been lead to believe the sale is court-ordered - I have heard 'obstructive behavior' bandied around between the EA and solicitor.

I'm sure we'll get there, it could be a lot worse, it's just stressful!!

senua Tue 16-May-17 10:24:22

Start looking at other properties with the same Estate Agent and let them feed this information back to the vendors

CotswoldStrife Tue 16-May-17 10:33:53

Ah, I would not recommend (as someone else mentioned) giving notice before exchange - when we sold a house, there was a month's delay between exchange and completion for precisely this reason, someone further down the chain was renting.

As you haven't exchanged there is no point putting pressure on the vendor. I'd start discreetly looking at other properties and not let the vendor know as this is probably what they want - sorry not to be more positive, but without that vital exchange you are in a very poor position sad

I hope it all works out for you ASAP flowers

JanetBrown2015 Tue 16-May-17 11:02:00

As you havebn't exchanged nothing is binding and either side could pull out so you need to be aware of that legal position. Try get exchange of contracts ASAP. You could threaten to pull out unles syou have exchanged contracts within 7 days or say your price goes down £1000 a week for each week of delay.

specialsubject Tue 16-May-17 16:37:18

Nightmare. Your godawful solicitor should never have lead you to believe it was going to happen before exchange. Part of their role is to give guidance, property transactions are every day for them, not very often for you.

I hope it all works out. Any chance of extending your tenancy?

user1484313858 Tue 23-May-17 16:10:33

We've finally exchanged which is a massive relief. We've had no choice but to leave our rental property and so we're a bit in limbo at the moment but the end is in sight. Along with some valuable lessons.

specialsubject Tue 23-May-17 19:28:45

Phew. Hope it won't be too long before you are in your new home.

CotswoldStrife Tue 23-May-17 22:22:43

Good news, when is the completion date set for?

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