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Seller won't do a pre-exchange visit

239 replies

MidnightDexy · 22/01/2016 01:37

I don't know what to do. Sorry this is long.

First viewed house in Sept (twice). First was a cursory run through and second viewing we spent a long time - 45 minutes - taking measurements and so on. Our offer was finally accepted mid-October after a bit of negotiation and a complicated back story (she originally went with another buyer but eventually ditched them because they couldn't get their finances in order and she feared "we'd still be here in March").

We were delighted, instructed solicitor immediately, got mortgage offer and instructed valuation and booked surveyor. Did everything super fast to prove we weren't time-wasters.

Then she stalled. Took weeks (6, I think) to instruct a solicitor. She obviously hadn't paid the money on account because it then took her solicitor ages to finally get in touch with our solicitor.

The Property Information Form came back with lots of incomplete or missing answers, and lots of documentation "to follow". Our solicitor is excellent and has replied to emails same day or next, constantly kept pushing the outstanding enquiries and outstanding documents. Her solicitor has been appalling but we thought we were slowly getting there. The list of incomplete information is dwindling and we're now down to just 4/5 points.

One outstanding question is "can you confirm the property is in the same condition as when the buyers viewed it in September". The other is what arrangements her solicitors will make to deal with the shortfall in the amount needed to redeem mortgage charge on completion (sale proceeds will leave a shortfall). I didn't think there was anything odd about the first question, and the second (I am told) is essential.

We asked to have a final, pre-exchange visit (in particular to take a look at the drains at the rear, as we plan to do an extension). Estate Agent called with "bad news". Apparently the seller won't let us visit again, and won't talk on the phone. She's "offended" and "angry" at the questions we are asking.

Estate Agent told her she'd got the wrong end of the stick and that there was nothing personal behind the questions, they're just standard questions solicitors have to ask, but she's now got the hump in a serious way.

EA tells us she asked seller if she is trying to pull out, or no longer wants to sell to us, but seller (allegedly) promised that's not the case, she is just sick of us "hounding" her.

Has anyone had this? Any advice on how to handle this? I am heartbroken because if this house doesn't go through we'll be lumped with the new additional 3% SDLT and have to face the fact that the market has moved since our offer was accepted.

OP posts:
SocksRock · 27/01/2016 12:14

The worst case for the drains isn't just extra cost. It could mean you can't build an extension if the extra costs are considerable.

notapizzaeater · 27/01/2016 12:29

Hope the ea got some answers about the stains

notapizzaeater · 27/01/2016 12:30

Blooming predictive text - drains drains drains not stains !!

MidnightDexy · 28/01/2016 21:53

So...here we are. Seller won't allow the pre-exchange visit, she's refused again. She wants to exchange tomorrow and has said she'll put it back on the market if we don't. It's really sad but we just can't go ahead with it. I am sure we're doing the right thing, sometimes you have to walk away but I am super sad nonetheless.

OP posts:
specialsubject · 28/01/2016 22:26

silly, silly woman - it goes back on the market and the next buyer will want to know why you pulled out. (And they will have the same hassle and money/time waste)

I know it is maddening - but something else will come along. She has to sell THIS house, you can buy any other.

suzannecaravaggio · 28/01/2016 22:46

you have every reason to walk away the whole thing stinks!

she's blackmailing you
never give in to blackmail

she might be bluffing
call her bluff

OVienna · 28/01/2016 22:53

I am invested in this too! I bet she does let you in after all. If not there must be something up.

VacheEspanol · 28/01/2016 23:34

This sounds so familiar. If it wasn't for the fact that I'm sitting in our house, I'd think you were talking about the people we bought from!

Same issues with drain, charges and no pre exchange visit. The others got sorted after long exchange between solicitors but the visit was very strange.

EA said absolutely no way could we visit - said vendors were stressed and their relative was in hospital. We'd been due to exchange on the Friday. Sellers wouldn't allow a visit and even put the house back on the market. By the original exchange date, complete about face and we were allowed to view. Vendors were lovely - gave gifts to our dc said it had been their family home and were very happy that a young family were moving in. Said relative in hospital was routine and were apparently unaware that EA had put it back on the market. Exchanged A week later and completed a few days later.

V strange behaviour from EA. can only assume she was trying to get us to up the money?!

MidnightDexy · 29/01/2016 00:15

It's mad. She even sent the final enquiries today (or rather, her hopless solicitor did) and you do wonder why she'd bother if she really wanted to follow through with her threat. May I ask what happened with your drains? I am obsessed with drains at the moment. ...

OP posts:
VacheEspanol · 29/01/2016 08:57

Our drains issue was strange and annoying. Thames Water couldn't verify whether they were public or not - also made difficult because no one could determine who owned the passageway at the side. But the vendors had built steps and a patio over where it showed the drain. We wanted them to confirm that there was still access. They wouldn't confirm. We went back and forth for ages. In the end they took out build over insurance ( I think that's what is called). When we eventually did the pre exchange visit it was obvious that there was still access. If they'd taken a photo, it would have removed the need for insurance. It was very annoying and added extra time and costs.

Illcya · 29/01/2016 09:25

Drains are a pain no matter how old or new the property IME. We are all friendly in my street and when one had a problem we got in touch with the council who got in touch wipth the water board and we ended up sharing the bill so it wasn't much we ended up none the wiser about who owned which bits were the problem had come from the water people said it could have been from a main road quite a walk away! We all had plans which made nothing clear! Most have lived here for 50 years and the least 20 years, so it was good that everyone was concerned to sort out things and keep relations good. I know this doesn't help but since this we all agreed that builders and water boards are inthe dark and don't do enough to avoid problems later.

MidnightDexy · 29/01/2016 10:42

She won't let us go round but will let the Estate Agent (her Estate Agent) go round and take photos, which EA will send to us. Thoughts?

OP posts:
wowfudge · 29/01/2016 10:45

I think you have to weigh up whether the drains issue means you can't do what you would like to do (there may be an alternative) or whether it just makes it more expensive. If either of those means that buying the house doesn't work for you then walk away.

MidnightDexy · 29/01/2016 10:51

Yep Fudge we've reached a view on that, pending confirmation house is still in same condition. In a less than ideal world, would you guys accept the EA taking photos?

OP posts:
Bearbehind · 29/01/2016 10:52

I suspect she knows the drains are a problem given her denial of there being a manhole cover when there very clearly is one.

If you proceed I think you have to assume any extension will not be possible and anything else is a bonus.

In that scenario, would you still want the house?

Bearbehind · 29/01/2016 10:56

X post.

Personally I wouldn't accept it. She's behaving very weirdly for a reason but who knows what that reason is.

You are already potentially compromising yourselves over the possiblity of an extension, the fact she's adamant you can't enter the house is bonkers.

I'd play hard ball and tell her if you can't come in the you're pulling out.

The EA will be very quick to point out to her that if she allows that to happen then she'll have to do loads more viewings in order to get to the position she's currently in with you.

MidnightDexy · 29/01/2016 11:10

we are between a rock and a hard place in that if this house doesn't go through, nothing else will this year (and that's assuming prices don't keep rising...) We will be clobbered with extra 3% stamp duty after 30 March.

OP posts:
Bearbehind · 29/01/2016 11:25

In the grand scheme is things, 3%, although irritating, isn't a huge amount (it's possibly comparable to what the stamp duty would have been before the most recent changes).

If you refuse to exchange without a final viewing and she doesn't budge then I can't see it is for any other reason than there is something wrong with the house that she doesn't want you to see and that could cost you much more than 3% in the long run.

Vedamakesthebesttoast · 29/01/2016 11:28

Just read the whole thread, modnoght your seller sounds slightly unhinged, I can't get my head around why she is being so stubborn and obstructive if she wants to exchange quickly, it's totally illogical unless she is being dishonest by omission and doesn't want to be caught out. How she thinks that she's not shooting herself in the foot though is once again beyond me. If I were in your position I would pull out and let her put it back on the market. I understand your concerns about the rising stamp duty.... Maybe she does too and is banking on you carrying on with the sale because of this. BUT would the 3% rise in stamp duty potentially be more or less than the extra costs of the manhole cover needing moved or indeed the emotional cost of living in the house without being able to complete your plans to extend?

Hope it all works out, it sounds incredibly stressful.

Vedamakesthebesttoast · 29/01/2016 11:29

Sorry for the block of text, on my phone.

Chapsview · 29/01/2016 11:30

As others have said - stand your ground and refuse to exchange.

She is not "doing you a favour" by selling the house to you - she is asking you to part with your hard earned cash for it. She must have something to hide that you need to know about. If she doesn't she will see she is being silly and let you view.

Walk away if she will not let you view - it is not worth the risk.

PeggyBlomquist · 29/01/2016 11:31

Don't do it. I had a (now ex) friend who refused to let people back in to view in pre exchange and it was because a LOT had changed in the interim. She had dropped an iron on the floor and ruined the carpet and her son had broken the fire shoving nappies in. She had flooded her kitchen ano there was damage to the fitted kitchen. They went ahead and they were understandably furious with her. They gave up trying to get anything back in the end though and she was so blasé about it all. I felt horrible for the people buying it from her.

tiredvommachine · 29/01/2016 11:40

Midnight
Horrible situation for you but I'd have serious alarm bells ringing.

Just speculating but what if she stripped the place of all fixtures and fittings after exchange, just to be awkward?

It does happen.

Keep your powder dry and pull out.

Best wishes to you Flowers

SoupDragon · 29/01/2016 12:07

If you refuse to exchange without a final viewing and she doesn't budge then I can't see it is for any other reason than there is something wrong with the house that she doesn't want you to see

I agree. I would be worried TBH.

wowfudge · 29/01/2016 13:38

Tbh you don't know if she really is refusing - could be the agent who is worried they won't get a sale if you go back.