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All set to move on Friday, seller causing problems

33 replies

BG2015 · 06/05/2015 06:09

So after an awful 18 months I finally get a date last week to complete but then I found out yesterday afternoon my seller hasn't signed something so it can't happen.

I fear he's done this on purpose. I know his soon to be ex-wife, she's an acquaintance and I've been in touch with her throughout. They are divorcing and he now lives in London. She has done her part. She's so embrassed by his behaviour.

He got his solicitor to send a letter on Friday to mine (not a phone call or email but a pissin letter) which my solicitor didn't get until yesterday.

So all weekend i've been packing and sorting stuff out, ordered a washer to be delivered at the weekend, arranged removals,booked a Sky engineer -when he had no intention of Friday being completion day.

I was in tears all evening. I've now got to cancel everything with no idea of when completion will be.

I'm surrounded by boxes and chaos. After this I am NEVER moving again.

OP posts:
Quitelikely · 06/05/2015 06:23

www.theguardian.com/money/2007/dec/19/1

Read the above link. He can't pull out of the sale without serious expense.

Does he want to pull out or is he just making his wife's life difficult by delaying the sale?

Quitelikely · 06/05/2015 06:24

Oh did he not sign the contracts? If not why not?

BG2015 · 06/05/2015 06:36

Don't think he's signed. I'm not totally sure tbh. I'm seeing my solicitor this afternoon.

I think he's just being difficult. He lives in London (I'm in the NW) and the house has been empty for 5 months.

It's so frustrating.

OP posts:
Quitelikely · 06/05/2015 06:38

Looks like you've been caught in the cross fire of a divorce. He can still sign the contracts and have them back for Friday to complete.

Can you call the ex wife

Quitelikely · 06/05/2015 06:39

You waited 18 months! Wow.

Why? Was that due to him?

OneHandFlapping · 06/05/2015 06:39

I can't imagine that your solicitor would have allowed you to exchange unless both sellers had signed. Surely that's in Conveyancing for Dummies?

Littleturkish · 06/05/2015 06:40

Have you exchanged? Or are you hoping to exchange and complete on the same day? I'm terrified this is about to happen to me too.

BG2015 · 06/05/2015 07:05

18 months is the time I split from exP, house went up for sale and finally got an offer (after 30+ viewings) in January.

I really don't understand what has gone on and I'm hoping my solicitor can shed some light on it. If he can send a letter, why can't he send the signed documents? I'm speechless about it all.

Exchange was happening today! Completion on Friday. Luckily by buyer is ok with this, but worried about her buyer.

I hate moving.

OP posts:
Littleturkish · 06/05/2015 07:08

Snap.

I hope that the exchange can still happen today- why are people so obstructive??

BG2015 · 06/05/2015 07:18

Its a typical peeved soon to be ex husband causing problems. He doesn't even live around here. His wife has had to sell the house and all that that entails.

We're moving 9 miles and will be closer to school, work and friends. My kids are gutted. Not to mention the extra money that we will have once we move. Im totally desperate and very emotional.

My house is a mess and I'm sick of hearing myself go on about it all. I must have said the word 'house' a million times.

OP posts:
Spickle · 06/05/2015 08:21

Sorry to hear this OP. However, your solicitor should have told you not to book anything until you have exchanged, that includes removals, sky installation and goods deliveries. Nothing is set until a completion date is agreed on exchange. This is why, ideally, 10 working days between exchange and completion is recommended - gives you time to organise everything.

My buyer arranged for internet installation to take place at my house because he fully expected to be in by then. First I knew of it was when my internet connection was disconnected and I didn't know why. Then a few days later, because of a problem with some unregistered land, we didn't exchange and complete for another couple of months.

specialsubject · 06/05/2015 11:37

only in mumsnet-world do people think exchange and completion on the same day or very close together is practical. Your problem is exactly why you need two weeks or so between them, as you cannot confirm ANY removal arrangements until you have exchange.

the sale is not definite (England/Wales) until there is exchange. You don't have that. Your solicitor (who you are paying to help you) should have kept you informed.

yes, your vendor is pissing you about - but you should have been warned that this was possible.

get on the phone to your solicitor and raise merry hell.

RaphaellaTheSpanishWaterDog · 06/05/2015 18:32

Agree that it's recommended to have at least one week - preferably longer - between exchange and completion. Having bought/sold several times we've never had less than five days and that was only after a fire in a sol's office further down the chain caused issues with dates.

When we sold last year our buyer's conveyancer - not a proper solicitor's office - wanted to exchange and complete the same day, but we refused point blank to entertain this idea. Our buyer fully understood that as we were moving over a hundred miles with loads of stuff that required our removers to work five days on our job, we couldn't be at the mercy of a completion that might get delayed especially as they had the buyer from hell giving them all kinds of grief and happily agreed to ten days between the two.

Even so before exchange they booked a carpet fitter to come in the day after they assumed completion would have happened. This date came and went with no exchange, let alone completion - luckily despite being days before Christmas the carpet guy was able to reschedule and no money was lost.....

When we were getting removal quotes pre-exchange, they all wanted a non-refundable deposit to secure dates. We had to decline and wait till we'd exchanged, by which time all our preferred removers were booked up, but better that than lose our deposit!

beardeddragon174 · 06/05/2015 18:57

BG I am so sorry for you. Hand holding.

Did you see your solicitor and what did he/she say?

BG2015 · 10/05/2015 15:42

It didn't happen. No exchange. His ex wife says he 'claims' that he hadn't recieved any paperwork so the contracts were not signed. A second set were sent out to him on Wednesday.

My solicitor has put the 15th to my seller now, this was last Thursday but we still hadn't heard anything as of close of business on Friday.

He may be trying to get back at his wife, but she's living elsewhere with her fiance. The only people he's affecting are me and my family.

I am so desperate to move, financially desperate and to have closure over this house and the past 18 months.

OP posts:
Hobbes8 · 10/05/2015 15:55

Poor you. It's not particularly helpful for people to be telling you you shouldn't have booked anything. These things don't always go as planned and sometimes we have to try and get things organised.

We bought our current place from a divorcing couple. We were supposed to exchange 2 weeks before completion, but things were delayed and we kept pushing back the exchange date but keeping completion the same, so they got closer and closer together.

I was 39 weeks pregnant, we were due to move the Friday before Christmas. I had provisional removers lined up and even my christmas grocery delivery booked to the new house! 2 days before completion, the day we were due to exchange, the ex-wife said she wouldn't be able to move her stuff out. I nearly went to pieces!

Anyway, point being we got it sorted and were in before Christmas (and before baby!) and I'm now picking out wallpaper under a sleeping child. We even managed to get sky installed before Christmas so I wouldn't miss downton abbey if I went into labour.

Keep the faith! I hope it works out for you.

BG2015 · 10/05/2015 16:04

Thanks Hobbes8

My solicitor did tell me to only book things provisionally but I just went into 'move mode' - I am so desperate.

And with only a week to go I booked things etc. I now know I shouldn't have believed things would go to plan. I just don't feel like I'm ever going to escape this house.

If I don't move this Friday the following weekend is the start of half term and would be an ideal time to move only we have sat/sun away so that will be awkward.

I need 15th positive vibes/payers or whatever is your thing. Cutting it fine now though!

OP posts:
specialsubject · 10/05/2015 17:24

fingers crossed, but I'm afraid you went against experienced advice and this was the risk you ran. All the things related to a move can be planned in advance, but nothing can be confirmed until exchange. This is why you need at least a week between exchange and completion. Any decent removals firm will take a provisional booking.

guessing it will happen eventually and hopefully soon.

BG2015 · 10/05/2015 19:58

Just spoke to my seller (the lady who is divorcing her husabnd) and she says that her ex is ignoring all phone calls and her solicitor says there is no reason for him to delay exchange apart from to be awkward. It's in their court order that they have to sell the house.

Exchange wont happen tomorrow unless he's had a major change of heart.

How long can he delay this? Can't his solicitor tell him to 'grow up' and move on!

I am so angry and frustrated!

OP posts:
Littleturkish · 10/05/2015 20:55

I really feel your frustration- we've had the same on Friday. They're arguing over the completion date again. We just want to get the exchange done, I don't understand why people want to fuck about- where is the benefit to them?

We were meant to be exchanging at 9am Friday, my sol couldn't get hold of the vendors, at 5:45 they change call to say they want to change the completion date, and then at 6:20 agree to change back, after we say ok. Can I sue for personal distress??

BG2015 · 10/05/2015 21:03

It's madness isn't it?

My buyer has just text me to say they have been told it's all go for Friday. She's booked the day off work!!

Totally disgusted with him.

OP posts:
Duckdeamon · 10/05/2015 21:20

He can pretty much do what he likes until you have exchanged Sad

Littleturkish · 10/05/2015 22:02

BG I think we're the only sane ones and the rest are dancing to a song that has long since switched over.

All this fucking about- just sign, agree, sell, buy...be done with it!

And to think, at one point I actually believed I would be in there before Christmas!

BG2015 · 11/05/2015 06:07

I did hope for Easter at one point, but Christmas? Wow!! 5 months on Littleturkish and you must be tearing your hair out.

I think it's just so wrong that one person can just decide to stop a sale (and hold up everyone else) just to be awkward.

Every month that goes by I'm sinking further and further into debt. My outgoings will be halved once I move. If it hadn't been for my parents I'd be out!

OP posts:
Variousrandomthings · 11/05/2015 06:18

Can you exchange on your house still but put your stuff in storage/a garage and then live temporarily somewhere?

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