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Original poster

Garage clearance post completion

9 replies

Knownoone · 02/08/2023 22:00

Hello experts,

We are buying a property and would be exchanging and completing by end of Aug. The seller has quite some stuff in the garage which he can't clear in Aug since he is out of country. He will clear it in September, post completion, once he is back. Our solicitors have stated that this is our call and we need to decide and they can't get involved if he doesn't clear up after completion. The Estate Agent had given us the following option,

Keep a retention money of £750 pounds, which the seller will give us, and we return this money to seller once he clears our the garage. The latest he can clear is by 10th September post which we can dispose off his stuff using the retention money. This would be an agreement between the sellers and ourselves and the solicitors won't be involved.

Does the above option sound viable, hope it won't create any legal issues, could this create issues with our mortgage lender and they can create issues with releasing funds on the completion day.

We need to vacate our current house by end of Aug and was hoping for exchange and completion by end of Aug so that we can get the Asbestos clearance post the exchange and then move in on the completion date.

Kindly advise. Thanks for all your help.

OP posts:
Bromptotoo · 02/08/2023 22:08

Sounds OK to me.

Sometimes it's best to sort it out yourselves person to person than get the lawyers to tie everything down in pink tape.

Original poster
Knownoone · 02/08/2023 22:29

@Bromptotoo Thanks, hope the mortgage lender won't have an issue with this personal arrangement.

OP posts:
Bromptotoo · 02/08/2023 22:51

Knownoone · 02/08/2023 22:29

@Bromptotoo Thanks, hope the mortgage lender won't have an issue with this personal arrangement.

Another reason to keep the sillysodders out of it....

No reason for the lender to be told.

TizerorFizz · 03/08/2023 17:26

It has nothing to do with the mortgage. They lend on a house, not rubbish in the garage. Enter into the agreement suggested by the EA. However, you need to ask who will be holding the retention and how they will do it. Would you agree a different purchase price? Not pass on your deposit? Ask the agent. As the vendor has known it’s needed clearing, it’s poor.

AndyMcFlurry · 03/08/2023 17:35

Are you sure that you can get someone to come and clear it for £750? You need a full price that included everything eg if they use a skip and put it on the street it needs a permit.

and also that there’s no items such as petrol and asbestos that a general Clearance company won’t take .

don’t use some cowboy firm that will fly tip it and land you with a huge fine from the council.

MissCherryCakeyBun · 03/08/2023 17:56

This is Groundhog Day....do you have 2 threads on this?

Original poster
Knownoone · 03/08/2023 18:08

AndyMcFlurry · 03/08/2023 17:35

Are you sure that you can get someone to come and clear it for £750? You need a full price that included everything eg if they use a skip and put it on the street it needs a permit.

and also that there’s no items such as petrol and asbestos that a general Clearance company won’t take .

don’t use some cowboy firm that will fly tip it and land you with a huge fine from the council.

Sure thanks.

OP posts:
Original poster
Knownoone · 03/08/2023 18:09

MissCherryCakeyBun · 03/08/2023 17:56

This is Groundhog Day....do you have 2 threads on this?

Yes, since I have been suggested to put this on Legal forum for Legal advise.

OP posts:
Original poster
Knownoone · 03/08/2023 18:09

TizerorFizz · 03/08/2023 17:26

It has nothing to do with the mortgage. They lend on a house, not rubbish in the garage. Enter into the agreement suggested by the EA. However, you need to ask who will be holding the retention and how they will do it. Would you agree a different purchase price? Not pass on your deposit? Ask the agent. As the vendor has known it’s needed clearing, it’s poor.

Sure thanks

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