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Original poster

Help! Do we exchange tomorrow or not?

20 replies

AngryFeet · 14/03/2013 22:27

This purchase has been a bit difficult of late as vendor is a stubborn git. Refused to pay for indemity insurance when it turned put there was no planning or building regs on 2 extensions, wouldnt let anyone in the house when he wasnt there and kept buggering off on holiday so our survey was held up, decided at the last minute that the driveway gates are not included and wants £100 for them, is taking some shrubs from the garden as they have sentimental value or some rubbish. Anyway he wants to complete by 28th which means we need to exchange tomorrow. Fine by us but after 2 months of askibg he still hasnt given us an idea of utility bills and more importantly I want to see the house again before we exchange but he says it isnt convenient. If we dont complete by 28th he is buggering off on holiday again and there is a chance the chain will collapse. DH has said to the estate agent that he needs to sort his priorities now and answer our questions/let us in the house. He will probably sayno as he is stubborn as shit.

Do we exchange without checking the house? We havent been inside since early Jan.

OP posts:

HousewifeFromHeaven · 14/03/2013 22:41

Well it depends on ow much you want the house doesn't it?

With regards to the utilities I'm sure you could work them out. People on here will have similar properties to compare I'm sure.

I know is a pain however id be inclined to see it through and forget about the miserable git. Until you find his wife when you dig up the patio

Poppyseed3333 · 14/03/2013 22:41

What do you need to check again for?

lalalonglegs · 14/03/2013 22:45

The more you ask, the more he will dig in his heels. At this stage, although it might be nice to see the house again, is it going to have any material effect on whether you go ahead or not? If not, I'd just look forward to moving in and thank heavens that I would never have to see the vendor again.

Original poster

AngryFeet · 14/03/2013 22:46

Well it has been suggested that chekcing the property before exchange is a good idea as that is the state you are signing your life away for. I just don't trust him to be honest. He could have done anything technically.

OP posts:

MirandaWest · 14/03/2013 22:49

Do you have to exchange tomorrow? I thought it was possible to exchange and complete closer together (although I wouldn't want them to be too close together).

lalalonglegs · 14/03/2013 22:53

If you're worried that he might wilfully vandalise the house in some way, then perhaps your solicitor can insert a clause that the vendor guarantees that the house is in the same condition as when it was last viewed by you and to detail any significant breakages/damage etc.

steppemum · 14/03/2013 23:02

You can exchange and complete on same day. it is convention that puts more time in between, and it can be a pain with moving arrangements etc. You need to be quite pro-active with solicitors to get the time between exchange and completion reduced.

LadyKooKoo · 14/03/2013 23:02

You don't have to exchange tomorrow to complete on the 28th. We exchanged yesterday and complete tomorrow. If you want to go back (and I would recommend it after 6ish weeks) then insist on it prior to exchanging.

LittlePushka · 14/03/2013 23:11

It is possible to exchange and complete simultaneously, or with years between exchange and completion and all periods between.

However, if you are buying with a mortgage there will be a minimum number of days notice which the mortgagee needs to get the money to your solicitor (typically 5-7 working days). Although not essential, your solicitor will usually not want to call for the mortgage money prior to exchange because of the risk (and costs to borrower) of having to return it if the anticipated completion date is not then feasible for any reason.

My gut reaction is that up to the point where the seller was reluctant to let you visit again I thought the things in your post were all fairly standard fare, even for one file. Sellers and Buyers can all be outrageously badly behaved and difficut

However, I always advise my clients to visit the property as close as possible to the expected date of completion. This is because your contract would usually provide that you take the property in the condition it was in at the time of the exchange and not what it was like when you last iewed it . It is your own responsibility to make sure that the property remains acceptable to you at the point (or as near as possible in time) of exchange.

Obviously the time between last viewing and exchange could be several weeks and sellers who do not accomodate their buyers wish for a last confirmatory viewing unnerve me slightly.

I think that the only issue which would concern me is the refusal to accomodate a viewing. That is a must from my point of view.

QuickLookBusy · 14/03/2013 23:19

I agree with Little

Unless the house is a bargain or the house of your dreams I certainly wouldn't exchange if he has refused you a viewing. Especially as you say you haven't been inside since early Jan- he could have done anything to it or you could have changed your minds.

Original poster

AngryFeet · 15/03/2013 07:04

I am.guessing that 2 weeks are needed as there are 2 other people in this chain waiting to exchange (been waiting since Nov). I think I wont worry about the utility bills but seeing the place first is a must IMO so I wont budge on that. Hopefully if we exchange Monday morning they can still complete by 28th - that is 8 working days between the two.

OP posts:

MinimalistMommi · 15/03/2013 07:31

We bought our house without viewing it again before completion.

pinkdelight · 15/03/2013 09:38

Our vendor was a total git who demanded an extra £2k at the last minute and held us to ransom so we had to either back out or pay up and exchange. He was also a crap property developer who left us with lots of botches to sort out. However I still have no regrets whatsoever about going ahead with the purchase. We wanted the house and we love living here, the other stuff is worth sucking up. I'd be more worried that these things are making you think of pulling out. They're not ideal and you're clearly cautious, but none of them are dealbreakers to me. If you want the house, I'd just go ahead and get on with it. Unless he's totally insane, he's not going to destroy the place (and if he did, you could sue him/get the money back through insurance). Sounds to me more just the usual nutty vendor shit that makes house buying stressful.

LittlePushka · 17/03/2013 08:07

What was the outcome angryfeet?

"Ususal nutty vendor shit"/stubborn git"?.. come on people, get real it is a business transaction!

Potterer · 17/03/2013 14:51

AngryFeet, if it isn't listed on the sellers pack info then they don't have to leave it. My vendors took the loft ladders that were screwed into the loft floor (I know because I had to go into the loft to check out a crack in the wall so I remember the ladders) they also took a light switch that had a timer built in to turn on their hall light.

At the end of the day his utility bills are no way going to be the same as yours. I moved from a 3 bed detached house to a much bigger 4 bed detached house, we converted the double garage into a playroom for the kids and my gas and electric bills are MUCH cheaper here. Still with the same supplier too.

We viewed this house in November and moved in March. We didn't check it inbetween. On the other side of it all, my buyers were a nightmare, requesting to view the property when we had been pushing for an exchange for weeks and nearly lost this house (vendor heavily pregnant nearly pulled the sale)

You have no idea what is going on in his life or what he is dealing with. At this stage you need to be at the point where you just say fine. You want £100 for the gates, tell him fine, you don't need them. Let's see if he takes them.

You obviously have estate agents photos showing the condition of the property when you viewed it. This particular sale has been very stressful for you and I suggest you just move forward, the other people in the chain must be pissed off with it all too. Sign the exchange document, know it is yours, know that this will come to an end.

LittlePushka · 17/03/2013 19:38

Potterer, that is not correct - the agents particulars have nothing to do with it - it is the contract which governs what has been agreed to be left or taken. if an item is a fixture or fitting the rule of thumb is, losely, that it goes with the house. if it is a chattel/contents then it is not included. However, attached to the contract will be what is know as a FF&C list (fixtures fittings and contents) and it is this which prm,arily governs what can be taken. If a fixture is beng taken the seller is contractually obliged make good the damage caused by its removal, if any.

Photos at the time of viewing are irrelevant.

Original poster

AngryFeet · 18/03/2013 12:34

Sorry potterer I disagree. I think I have every right to go back into the property and I am not being difficult in anyway. I don't care what is going on in his life, I am spending £300k and I will be making damn sure everything is as I expect. I don't think that is unreasonable in any way.

Anyway the upshot is he is leaving the gates as his solicitor obviously told him he should as they are part of the property. He is letting me in for a look tomorrow morning, if all ok we will exchange tomorrow afternoon and complete on Friday 5th April :) While I am in there I am going to ask which shrubs he is planning to take so I know how much the garden will be affected - hopefully it is just some small things as I assume removing large established shrubs is more trouble than it is worth!

Thanks for all your input especially LittlePushka - has been very helpful :)

OP posts:

LittlePushka · 18/03/2013 20:08

You are welcome angry feet. i hope it goes ok... By the way if gates can be simply lifted of the hinges without any unscrewing etc then theyd be chattels not fixtures - make sure your FF&C list specifically refers to them as being included (especially if he has been difficult about them0

Good luck!

Original poster

AngryFeet · 18/03/2013 21:02

Posted another thread earlier Littlepushka - seller pulled out this afternoon :( Something to do with an issue with lease on property he is buying.

OP posts:

narmada · 18/03/2013 23:08

Sorry to read this angry. But I honestly feel you have had a very lucky escape.

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