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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To pull out of buying this flat

90 replies

WithKumdud · 06/01/2020 17:55

My offer was accepted 4 months ago, but they've been slow even though they know I need to move for work by Feb.

Still lots of outstanding questions and they have refused to buy an indeminity policy for where they have breached the lease with their alterations.

I feel like they are running down the clock so I just press ahead, but I'm not going to spend 450k on something unless all the boxes are ticked.

Its reaching that point where I will either have to exchange or just start looking to rent.

Would you just pull out and not feel guilty?

OP posts:

JoJoSM2 · 07/01/2020 16:45

So you hate carpets, want a kitchen diner, worry about uncertainty, don’t want to do work and you really wanted a house. I can’t see sense in buying this flat. I’d rent to give myself time to find a more suitable property.

wibdib · 07/01/2020 16:50

Is there a flat under yours? You’re much less likely to be found out if you don’t have anyone under you to be annoyed by the noise - might be that there is an old deaf couple now that don’t notice - if new couple move in with sensitive to noise baby then they are much more likely to turn around and say oy, you can’t do that, put carpet back.

Have you been madly looking for other places that are possibles to buy? Worth doing; also talking to estate agents to see if they have heard of anything coming up that’s not yet on the market.

And you never know, you might find someone who would go for a 6 month lease as it would free the flat up for the summer months to get lucrative summer rates and then get students/graduates returning for new jobs after that so you could push that it would be a benefit for them...

QuestionableMouse · 07/01/2020 16:57

From what you've posted it sounds like you don't really want the place and that's okay. I'd pull out because the flat you're buying and the place you might have to live in could be very different if the breach was enforced.

Find a few places you like the look of to rent and get in touch with the landlord/agent. Most would rather have someone in the house so it's making money and may well be flexible about the length of lease. You can't lose anything by asking.

EL8888 · 07/01/2020 17:23

I would draw a line in the sand e.g. if the queries are not all resolved by the 17th then you are withdrawing your offer. This could all go on even longer if you don’t kick them up the arse.

Sounds like the person l bought off! 6 weeks after I put an offer in then she wanted to know why nothing had happened. I’m like errr that’s because you haven’t provided even half the information asked of you. I think she thought it was nice to have rather than must have!

Original poster

WithKumdud · 08/01/2020 12:20

I would prefer a house, but it's going to be at least a decade before I could afford one in the area I want to live in. I'd rather live in the area I like than a house I like in an area I dont like.

yes a flat underneith. I've stopped looking for other ones as I need to move in a few weeks, so just looking for rentals now.

THe place is fine, I'm not ecstatic about it, but it's big plus was no works need to be done. and these breaches piss all over that.

I'm going to look at places to rent over the weekend, the seller has started suggesting completion dates even with lots of questions outstanding!? is this normal?

OP posts:

messolini9 · 08/01/2020 12:56

the seller has started suggesting completion dates even with lots of questions outstanding!? is this normal?

Sadly yes - when the seller is hoping their buyer will bumble happily along not noticing that the outstanding matters have not been attended to ...
They are taking the piss, & with the issue you have described about the lease-flouting alterations, I'd pull out. It's just not a good financial risk for you.

Original poster

WithKumdud · 08/01/2020 13:10

Thanks that's what I thought.

I'm really beginning to think they are taking the piss, paper work we asked for in september they keep saying they're looking for it. Now they say they're trying to get a replacement.

It feels like they are running down the clock and thinking I'll just accept it.

It make me anxious as I'm not sure if they're 1 lazy, 2 hiding more things 3 cheap 4 incompetent or 5 all of them!

OP posts:

wibdib · 08/01/2020 13:23

You might get lucky and find someone who would be prepared to reduce the price for a guaranteed quick sale. It would be worth ringing around the local agents to see if there is anyone in that position who really want to move but haven’t been able to and while they don’t want to lower the price of the property on rightmove etc, would be prepared to go lower to get them out of their predicament.

If the market is quite stagnant particularly at this time of year as people are stretching out having waited for Christmas to pass, its the sort of thing that is good to talk to the estate agents about if you have have really clear parameters which you do - max price, no work needed, subject to survey exchange in 2 weeks, complete 2 weeks after that (or whatever you decide). They can tell you yes and send details, no or let me call a couple of people who might - are you interested in either of these and I can talk to them... would be worth an hour making calls.

Original poster

WithKumdud · 08/01/2020 14:29

THanks that is a good idea, but honestly I can't face a rush with such a big purchase.

I'm now thinking how much happier I would be to give some more time to it all.

I know it will cost me over 20k, but rushing to buy somewhere could equally cost me couldn't it?

OP posts:

messolini9 · 08/01/2020 15:01

It feels like they are running down the clock and thinking I'll just accept it.

Trust your gut, that's exactly what they are doing.

wibdib gives some great advice just above.
And you CAN buy a valuable flat without completely rushing it OR losing 6 / 12 months-worth of new rental cash.

If you set your sights on buying a different flat & forgetting the problems with this one, you can certainly find something you like & get to the Exchange stage while still in your rented ... then maybe a couple of weeks prior to Completion in a cheap hotel?

anon2000000000 · 08/01/2020 15:02

Have you pulled out of the sale?

Original poster

WithKumdud · 08/01/2020 15:41

I know there is still time, but with work and its a long distance away for viewings I think that makes viewings and completing in my 6 week deadline impossible.

No not pulled out yet.

But I asked for another viewing on the 3rd of Jan, the estate agent says they are still chasing the seller to arrange that. How does that take so long? Either say yes to the date I asked for or suggest another one. I expect to hear back soon, 5 days and even a final viewing is not sorted! i think they're taking me for a ride but at the same time it sounds like they could just be super dooper incompetent.

OP posts:

dontgobaconmyheart · 08/01/2020 16:10

Is your conveyancing solicitor not on the case with this stuff OP? . I would ask them to contact the vendors solicitor with some stern words, specific dates reiterate requests etc.

Original poster

WithKumdud · 08/01/2020 16:21

Probably not! He just said I'll let them know there's lots of outstanding points. Is there more he should be doing?

They all seem a bit oblivious that I'm quite likely to walk away from it, The Solicitors wont really care as they still get paid. But the agent seems to trust the sellers solisitors and isn't really paying much attention to me saying there's lots of outstanding

The more it drags on the more I think I don't even want the place. All the extra things that have popped up make me even less interested in it

OP posts:

LolalolaLola · 08/01/2020 16:41

I'd have to have walked away by this point. I agree they are probably stalling hoping you complete the sale regardless because they think you will be stuck if you don't. This isn't even for some madly desirable place you just had to have, it's a nice enough place that you were settling for in the first place. It's getting less desirable by the day, I would say.

And if you do walk away and try again, I'd choose different solicitors because these ones don't seem to be earning their keep.

Bufferingkisses · 08/01/2020 16:48

I'm not sure if it has been mentioned already, I skimmed the responses and didn't see anything so sorry if I'm repeating!

I would be concerned about the removal of a kitchen wall in flats. It is quite likely that a wall would be counted in the fire resistance of the flat or, possibly, of the building as a whole. If the other owners are not aware then it is possible they will kick up a storm when they find out if you cannot prove without doubt that the building would respond to fire in the same way it would with the wall. Given events like Grenfell I would suspect people will be pretty tetchy about potential or perceived fire risks.

Original poster

WithKumdud · 08/01/2020 18:56

The only reason I haven't walked away so far is because they are spanish and have not sold a property before. But really this is taking the piss by now.

Good point about the fire risk, the whole building is overdue a fire assessment by 2 years!! Honestly there's 20+ issues with it.

Then their solisitor has the cheek to reply about a couple of the minor ones, ingoring the rest and starts suggesting completion dates!

OP posts:

BaolFan · 08/01/2020 20:02

The agent doesn't get paid unless the sale goes through, so they won't give a shit about your feelings - they just want you to complete so that they can get their money!

Walk away. Every update you share makes the whole thing sound dodgy as fuck.

anon2000000000 · 08/01/2020 22:41

This is getting worse. I would have walked away ages ago.

It doesn't sound like your heart is in it anymore.

OnTheEdgeOfTheNight · 09/01/2020 12:44

How do you feel now? It sounds like you're seeing the flat for what it is.

sunshinesupermum · 09/01/2020 12:59

Good point about the fire risk, the whole building is overdue a fire assessment by 2 years!! Honestly there's 20+ issues with it.

This would be more than enough for me to walk away. No hesitation as it sounds like the management of the building is not doing their job.

ElluesPichulobu · 09/01/2020 13:46

crikey I would walk away from that. the indemnity policy probably doesn't cover the risk anyway given the nature of the breaches. you could well end up liable for tens of thousands of pounds to reverse those changes.

do not spend the best part of half a million on this dodgy scenario. terrible idea.

Original poster

WithKumdud · 09/01/2020 15:05

Oh gosh yes I'm not think the agent cares about my feelings, I'm wondering why he doesn't care about his commission! He's really not taking my deadline seriously.

Just had a call with my solicitor and confirmed that no action has been taken this week.

Told the agent I can't continue as too many issues. and told solicitor to not do any more work on it.

I like it, but wanted something that would be easy to sell on and it's brought up too many issues.

Renting and paying the solicitor fees seems the better option.

Even actions seem to have a 6 week completion time that I'm looking at

OP posts:

messolini9 · 09/01/2020 15:32

Renting and paying the solicitor fees seems the better option.

Way less risky, Kumdud.
Moving is stressful enough without having to hassle the other side for action on every single point - & the alterations to fic the breach of the lease could prove a nightmare down the line - costly & limiting to you.

Depending how long your next rental contract is, in 6 or 12 months you may find another property that you like as much for less money, at which point you can congratulate yourself heartily & totally justify the extra rental spend. Even if you don't achieve that comparative cash saving in your eventual purchase, you are benefitting by not exposing yourself to unspecified extra costs around that lease breach.

Deep breath, & start again. Best of luck next time around.

Sickofrain · 09/01/2020 16:14

Don't take "they've never sold before" as an excuse. They are being advised by their solicitor and estate agent. If it walks like a duck and quacks like a duck...

Good luck OP.

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