Seller won't do a pre-exchange visit

[MidnightDexy]

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.

I think politely and firmly tell the EA that it is not acceptable just to get photos from them - you would like a very quick, supervised visit to see the property with your own eyes. The EA can accompany you, and the vendor doesn't need to be there at the time if that's what makes her comfortable.

Explain that had the seller not been acting so oddly about this very minor request, you might not feel so strongly about it, but as you are parting with a considerable sum of money, 15 minutes in the house should be the minimum they can accommodate. Otherwise no exchange.

Sorry I agree, stand your ground.

You must be gutted.

I would also not buy and have a very good look round too or refuse to buy.

We are going to go to the EA and see the photos and take copies. We'll make a decision whether or not the photos give us sufficient comfort when we see them. Trying to keep a cautious but open mind.

Well, OK, she is getting shirty, or shirtier.

I don't see how you can exchange in the time frame she is demanding when you are not satisfied that you can carry out your plans for the place. Daft woman.

Re the EA taking photos, I would accept that to get the info I needed, though you are still going to need time to get your ducks in a row re extension plans.

Oh dear, I am sorry she appears to be one of "those" sellers after all.

Well our solicitor is gone after 4.30....

Have you seen the photos?

Nope...sitting waiting for them.

How frustrating.

This is why I'll never understand many EA's thought process and why they have such a bad reputation. His commission is slipping through his hands, the photos might not be enough to save it but you'd think they'd at least get on with sending them if he thought that might help.

Christ, I'm stressed just reading this.

you are going to spend big bucks on something you cannot check in real life? Don't do it. I know you want the house but don't do it.

she's hiding something.

Photos are fine....solicitor has now gone home. Aaaaaaaaaaaaaaaaaaaah

But are they definately recent photos?

We will be clobbered with extra 3% stamp duty after 30 March

thats only for people buying second (or subsequent) homes, as an owner occupier you'll just be paying the normal rate of SDLT

Yes they're dated today.

Sdlt definitely would apply to us as I own a share in another property. It's complicated.

oh
bummer:(

Yip. I suppose we have the weekend to think about it. Ea offered to take more photos on Mon

There's something very strange if the EA can go back for more photos but you can't go at all

I'm guessing it's the drain issue but if you've made your peace with potentially not being able to extend, and factored in the price you're paying/ resale implications of that, then you might be ok.

What did your solicitor say about the fact the manhole is very obviously visible yet the vendor claims thhave never seen it?

It's because we've offended her apparently. By 'we' she means our solicitor, but I think the problem was possibly more her own solicitor....oh I don't. We've certainly not done anything anyway.

Solicitor was not impressed and recommended the visit. She couldn't have said any more or less really. Am solicitor too and I guess its what I'd tell my clients in an analogous situation

She sounds a complete nightmare. The point is that your solicitor HAS to ask the questions because if she doesn't and then something turns out to have drastically changed for the worse then your comeback may be on your solicitor rather than the seller. It sounds like she is taking perfectly innocent and legitimate queries as a personal insult.

That said I've jsut started the selling process. Who knows maybe I'll change my mind about all this wehn I start receiving queries!

Absolutely do not buy the house. You have been warned. Just don't.

Is the solicitor willing to take financial responsibility for any changes that have happened between viewing and now, OR if the photos she has provided are misleading in any way? If not, I wouldn't be going ahead.

It just comes down to what you're prepared to accept. Looking at it objectively I'd tell her to piss off and hope that really offended her.

You're not entering into a relationship, it's a financial transaction and one which could be completed elsewhere. You, or at least your solicitor, has to ask about her financial position etc.

However, with my heart on sleeve side, I'd have accepted pretty bad behaviour from the vendor of our house as we really wanted it and it is one of only a handful that could ever tick the boxes so the chances of another coming on the market, at the price we were paying, was slim to none (and has been validated as ironically another did go on the market and sold for £50k more in a much worse condition within 6 months).

If this house is 'the one' and cannot, for whatever reason be replaced, go for it. If it is one of many and you're not going to be able to extend anyway; walk away.