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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

WIBU to ask seller to break property chain

58 replies

charmingbat · 29/07/2021 14:43

We have had a really hard year and now face moving house with two babies in tow. When we offered we were told there was no chain beyond our seller as she was moving into an empty retirement flat. We offered asking price, didn't haggle and sold our property very quickly to ftb. We also said we wanted to be out by mid August. Only after all of this was sorted did we get told that the seller of the flat was actually purchasing another property and that there is now an extra layer of the chain. We are in limbo.
Would we be unreasonable to insist on our completion date and ask our seller to move out early if necessary, even if her flat isn't ready?
Our argument would be that somewhere along the line we have been misled, we are a family with 2 babies and we offered what we did on the basis of a promised quick move.

OP posts:
Sparklesocks · 29/07/2021 16:08

You can ask but they might say no. Or you could threaten to pull out but they might call your bluff. Unfortunately is no confirmed completion date until exchange.

For what’s it worth this happened to us, we had all informally agreed a completion date within our chain and were about to exchange. The top of the chain was due to buy a new build which wasn’t due to be ready for a few months so they were going to move into rented accommodation until then. But then the new build became available earlier and they want to link it in, and delay completion. We were first time buyers said we weren’t happy and threatened to pull out as it was not suitable for us - but they called our bluff. We had to beg our landlords to extend our tenancy agreement by a few weeks and agreed to extend on the condition we exchange immediately to lock it in and prevent any further delays.

It was a stressful nightmare but got there in the end. I know someone else who had to move out for a week between her tenancy ending and her purchase completing due to a last minute change, so she had to put her stuff in storage for a week and stay with friends. These things happen, as annoyingly as they are.

But you can always try.

BruceAndNosh · 29/07/2021 16:15

I've twice been the one moved out to maintain the chain.
In both cases everyone was ready to exchange but couldn't get the completion dates to line up. Rather than get a 6 month tenancy, we actually rented a holiday let for the 2 weeks. We managed to negotiate with our buyer that they would cover half of our costs for leaving our stuff in storage.
But in our case we had a short defined period. I wouldn't fancy getting stuck in a holiday let for months on end.

ethelredonagoodday · 29/07/2021 16:18

It depends on how much you want that particular house. We had a similar situation with our last purchase. We made an offer on a house privately, immediately made plans to market ours and sold it within three days of it going live.

Our seller said she'd move into rented, if it meant we could complete sooner, and then when the chain started to lengthen, she reneged on that offer and refused all incentives to break, despite us offering to pay her rental costs! It took us 6 months in total to get to completion despite our house selling in 3 days.
Our buyers were incredibly patient as they were lodging with parents, heavily pregnant and then with a tiny baby during that time, which must have been so stressful, but we in turn had two kids, pets, and nowhere to go!

It took every shred of my patience, and we almost walked away several times, but we knew we'd never get the offer of that house again.

SchrodingersImmigrant · 29/07/2021 16:30

What do you mean, she's declined searches?
I was curious too but assumed it means she declined that she was searching for a house to buy or something. Glad to see I am not the only one not being cleat

Terhou · 29/07/2021 16:31

@charmingbat

My point is that throughout the process the seller made it clear that a quick move was completely achievable given she has declined searches, has no mortgage and just needed to sell her house. This was all done in a way to paint her as an attractive seller.Only after we were forthcoming did the truth come out.
Sure, but none of that changes the fact that it's totally up to her. Realistically if she refuses your only recourse is to withdraw from the transaction.
godmum56 · 29/07/2021 16:46

so has no completion date been set? Have you got the sellers intentions anywhere in writing?

Kipperandarthur · 29/07/2021 16:51

But it’s only been 8 weeks. We’ve just completed on my late MILs house. Offer accepted from ftb first week April. Completion end July. No chain.
So 8 weeks really is nothing.

You’ve mentioned two babies, you’ve mentioned you apparently can’t stay where you currently live. Neither of these issues are your vendor’s problems. You can break the chain and complete your sale and go into rented until your onward purchase is ready. What about that option?

Jerseygirl12 · 29/07/2021 16:57

I think an offer accepted 8 weeks ago and hoping to be in by August was always unlikely as purchases are taking quite a while. However I do think you’ve been misled and you could ask them to move out as you offered on the understanding that there was no chain their end, they may say no.
I put an offer on a flat in Feb of full asking price on the condition that the seller moved out when all the paperwork etc was done. It still took to June before they moved into rented.

ExConstance · 29/07/2021 16:59

Declined searches? I think this means that as she is a cash purchaser she has decided not to have the usual searches carried out in relation to the property. I did conveyancing years ago and cash purchasers sometimes accepted te risk because they knew the property as locals or had mabe offered previously on another property nearby and had searches done.

newnortherner111 · 29/07/2021 17:08

I wish such behaviour was a criminal offence.

Reduce the offer by the costs you think it will be to have temporary accommodation.

user1487755366 · 29/07/2021 17:14

We have asked. People are suggesting that it is entitled to suggest that such deceitful behaviour is a tad more unacceptable given she is aware that we are a family with young children and she is a single older person. I disagree but that’s by the by. We are being driven out of our home due to abuse and risk of violence. I think it’s shitty behaviour to mess us around like this but as many of you point out, we have no leverage as it’s a sellers market. We have asked. We know she can say no. Like the person above, I wish there was some recourse for this behaviour but there isn’t. It’s a crappy system.

Hallyup6 · 29/07/2021 17:19

Loads of people move with one baby and will tell you the baby won't be the thing causing you stress on moving day (myself included, I moved with a one week old), so insisting the vendor breaks the chain because you have babies will get laughed at, I think. You can ask, but I'd expect a no.

ittakes2 · 29/07/2021 17:26

If she won't than I would ask for a reduction based on your rental costs for that period.

Marmitemarinaded · 29/07/2021 17:29

It was her prerogative to change her mind re whether she bought or not at any point in the process.

She has. And that has implications for you

If you want to throw this down as a deal breaker, go ahead

But I doubt she’s in an urgent place - retired and presumably comfortable if was able to be chain free

Marmitemarinaded · 29/07/2021 17:32

@charmingbat

My point is that throughout the process the seller made it clear that a quick move was completely achievable given she has declined searches, has no mortgage and just needed to sell her house. This was all done in a way to paint her as an attractive seller.Only after we were forthcoming did the truth come out.
All verbal. Nothing contractual Totally her prerogative to change her mind.
RightYesButNo · 29/07/2021 17:38

@user1487755366

We have asked. People are suggesting that it is entitled to suggest that such deceitful behaviour is a tad more unacceptable given she is aware that we are a family with young children and she is a single older person. I disagree but that’s by the by. We are being driven out of our home due to abuse and risk of violence. I think it’s shitty behaviour to mess us around like this but as many of you point out, we have no leverage as it’s a sellers market. We have asked. We know she can say no. Like the person above, I wish there was some recourse for this behaviour but there isn’t. It’s a crappy system.
You’ve had a name change fail, OP. But not sure what to tell you. It would appear almost everyone has told you that you would look entitled using the DC as a reason you need to exchange more urgently than the seller; you say no. Ok, you’re allowed to have an opinion. But you also say you need to leave your current home due to abuse and threat of violence and I would think that’s MUCH more pressing than having DC? I’m afraid, if that’s the case, then for your safety, it won’t matter if the chain takes slightly longer. If you withdraw your offer snd start on another from scratch, it will take at least another eight weeks. Either way, it sounds like you will be in short term rental accommodation, so I would perhaps stick with your current offer, and try to make the rental as short as possible. It does all sound very stressful, and I hope it works out.
LittleBearPad · 29/07/2021 17:39

I’m sorry but 8 weeks is nothing in normal times. At the moment it’s taking longer.

Are you in a place where you could exchange contracts? If not, which is quite likely at the moment, then you really can’t moan.

Pipsquiggle · 29/07/2021 17:44

I have voted YABU but only because I think your timeline of circa 10 weeks is completely unrealistic.

We bought a vacant probate property, there were 4 houses in our chain and it was relatively straight forward - these transactions took about 4 months.

You can ask the question though - the seller absolutely needs to understand the urgency on your side. You can threaten to pull out, lower the price etc but you need to work out how much you want this house and also what your options are

Original poster
charmingbat · 29/07/2021 17:49

To answer some questions:

  1. Yes we are in the position to exchange contracts, as are our buyers.
  2. Our seller is not getting searches or a mortgage. She would be in the position to exchange were it not for the onward purchase of her seller which was concealed from us.
  3. Due to our circumstances we only viewed properties which could secure us a quick move ie. chain free or very limited chain.
OP posts:
TakeYourFinalPosition · 29/07/2021 17:53

Hm. Her sale might move fast if her seller finds somewhere to go - we accepted an offer two weeks ago today, had one accepted two days later, and have had our searches and mortgage offer done.., we’re just waiting on our survey early next week.

You can ask her to move into rented, but she can decline, and you’d have to decide if you’d let the chain collapse if that was the case…

BackforGood · 29/07/2021 17:56

A lot of people will have missed your update OP, as they look for the highlighted posts, which don't happen when you change your name part way through a thread.

I feel your pain, but have to agree with others that 8 weeks (10 weeks to mid August) was fairly optimistic in the first place.
The fact you have 2 babies is irrelevant. The fact you are fleeing threats of violence suggests to me it is in you interest to move out and rent somewhere asap. Not ideal I agree.

The whole house buying / selling / moving process is absolutely rubbish in England (not sure about all the countries, but I know Scotland is different). It is so stressful and there are so many points at which people can just lie and they know you are trapped at that point, or they can change the offer or mess you about in so many different ways. I do really feel for you, BUT you are where you are now and realistically if you withdraw your offer, or start making demands about reducing your offer, then you could end up with nothing and be even worse off than if you suck it up.

SoundBar · 29/07/2021 17:57

OP isn't trying to move in 8 weeks, she's had the seller lie to her for 8 weeks Confused wasted 8 weeks that OP could have used to secure a house which was genuinely chain free.

YANBU OP it is incredibly frustrating when people mess about on house sales

Blossomtoes · 29/07/2021 18:04

@newnortherner111

I wish such behaviour was a criminal offence.

Reduce the offer by the costs you think it will be to have temporary accommodation.

That would only work in a buyers’ market. This is the hottest sellers’ market I can ever remember.
Terhou · 29/07/2021 18:46

Our seller is not getting searches or a mortgage. She would be in the position to exchange were it not for the onward purchase of her seller which was concealed from us.

I'd be amazed if she's not getting searches if she's buying another property, unless her solicitors are incredibly negligent.

Datsandcogs · 29/07/2021 19:09

YANBU to ask but I do think YABU with your expectations on timescales.