Buyer's support thread #5

[scribblegirl]

Sorry for breaking the last one

and for all....

This thread has gone a bit quiet? The impact of Brexit? Everyone still holding their breath?

It's been 12 weeks for us since offer accepted. Hoping to exchange tomorrow and we're moving out of our rented house on Fri so fingers crossed we can complete then! This process is soooo (unnecessarily) long!

We are still waiting to exchange. Went to view the flat yesterday and the tenant is still very much there despite the fact the vendor told us back in May that he'd been given his notice. I no longer trust the vendor at all.

Good luck everything goes well tomorrow!

We're waiting to exchange too. In theory all the answers to the queries have arrived at solicitor so hoping to exchange this week

Kirin: you don't want to exchange until the tenant is gone. Otherwise you might be stuck trying to evict the tenant.

Oh I know step that's why I'm annoyed.

Heyhey the replies need to be reviewed to make sure that the answers/responses given are satisfactory - this will take a few days - then you could be ready for exchange, providing there are no more queries arising from the responses!

Kirinm your solicitor wouldn't let you exchange until receipt of confirmation that the tenant has vacated. His two month notice will date from his rent day so it may not be quite yet. However, does the tenant want to go and does he/she have somewhere to go to? Apart from this, it sounds as though you are nearly there. You will need to pay the deposit on exchange.

Oh that's a good point spickle about his rent date. I'll try and get some clarity about it over the next couple of days.

I'm still hoping for exchange before my next rent date!

We've exchanged!

12 weeks to the day since acceptance of our offer. Move on Fri.

Good luck everyone else!

Woohoo well done Tits!

Congratulations titsdown. Good luck for Friday!

Argh so bloody frustrating. It's constant silence at the moment. Trying to work out what is going on with the tenant but the estate agent isn't responding and my solicitor has said he'll ask but hasn't.

Worse case scenario we could be looking at two months if notice hasn't actually been given.

My solicitor actually said if the tenant hasn't gone at completion we can sue which isn't reassuring at all. He doesn't seem to see an issue with exchanging without vacant possession which isn't acceptable to us.

Urgh! Sounds like the vendor is playing games and / or straight out lying. His solicitor has responded to outstanding queries and asked us for proposed exchange dates but I've just spoken to the estate agent and it sounds like he's not given the tenant notice despite saying so. I'm not sure what's behind this hesitancy. I'm starting to wonder if he's getting cold feet.

kirin - I expect he's trying to avoid a void period. Obviously insist on having evidence of tenancy termination before your exchange. Sounds like you might be in for a wait.. - hopefully the estate agent is mistaken and just hasn't been kept in the loop (we recently terminated our tenancy without involving the estate agent at all). Crossing fingers for you.

No, it's been confirmed. :(

I'm not sure my boyfriend will be prepared to carry on with the purchase. The vendor has been untruthful on a couple of occasions now which has just wound him up.

He is trying to avoid a void period but that's always going to be there as we can't exchange until the tenant has physically gone. It's a risk he was going to have to take!

Surely his solicitor wouldn't encourage the vendor to tell us he'd given notice but secretly advise him not to?

I know nobody is reading this thread anymore but I need to vent. I am so angry that we've been lied to. Why is this okay?! Argh! It fucking ruins things for us. We can't book our holiday, arrange things we had planned because this bloody sale looks like it'll be going on for another 2 months at least.

I like the flat but we aren't ruling walking away. If something we like comes on the market we will view it. By the time we get round to completion on this flat, we could be close to completion on another but with the added benefit of our current vendor being out of pocket and stuck with trying to sell a flat from the other side of the world.

It is SO infuriating that there is no recourse for us. I feel like screaming and crying.

I'm reading, kirin, I'm just distracted because I got a puppy I highly recommend it as a way to take your mind off this wretched process!

I am so sorry and cross for you. It's so wrong that the vendor lied and that there is NOTHING you can do about it. And the rotten thing is that in the London market, by the time you find something else you could be paying a lot more money! I really do sympathise.

We are waiting waiting waiting. I think our solicitor is going through the responses to queries as lovely Spickle says :)

Oh puppy! Pic?

We had hoped to get a kitten once we'd moved but looks old we'll miss kitten season by the time that happens :(

Here he is :)

I'm back raging and despairing myself now because it turns out our vendor has NOT returned all the answers to his solicitor, despite us being told this had happened on Friday last week I love my mother but staying with her is starting to take a real toll on my mental health. I need to move out. DH's relaxed attitude is making me feel really alone.

Oh my god, how cute?! What's his / her name?

I know what you mean about living with parents. I had to do that a few years ago and hated it.

Why does everyone lie throughout the bloody process?! It doesn't help anyone, just be honest about what's going on! I'm furious now and am having to refrain from taking drastic action that I might regret once I've calmed down a bit.

I hear you Kirin. In any other circumstance you'd try not to do business with someone you don't trust, but when it comes to house buying, you don't get a choice who you give your custom to. Even worse that their solicitor may have been complicit. I hope you don't have to pull out, but that's the only power you've got, so for you. London is a nightmare, the main reason we got out, even though we were both born there.

Cute puppy heyhey - we so narrowly avoided having to move in with my DDad and I sympathise with your frustration.

Not to rub it in but we've got the movers packing today. We've only been here 14mo but DS2 was born here so I'm feeling a bit nostalgic as well as excited about Fri. They've packed so much already we're just going to be rattling about in an empty house tomorrow. Soft play ahoy.

Exactly. tits. I'm a solicitor so can often find myself in situations that cause a great deal of anger -conduct of other solicitors mostly - but I never react to it so always keep the upper hand. I have to adopt that tactic now but it's so hard.

Don't be silly. You aren't rubbing it in. You deserve to be excited. I'd be beyond excited if I were you.

So it's being suggested exchange at end of August which with our own notice obligations means the earliest we'd complete is end of September. I'm so fucked off I could cry.

kirinm so very sorry to hear the latest news.

Unfortunately, many buyers really underestimate how many problems can occur in the conveyancing process. Sitting tenants being a big one. Hopefully the tenants will be given notice and will vacate on the due date, but (and it is a small but) you should be prepared for the tenant to remain which would involve evicting them through the court procedure which will then add further months to the process. Therefore, do NOT exchange prior to confirmation of vacant possession. This should be dealt 100% by the seller's solicitor. I would very much doubt the seller's solicitor has been deceitful - more likely the seller is being vague with information.

The information pack (the questionnaire thing that came with the fixtures and fitting info) said he's given notice on 9th may. He has now admitted he hasn't given notice. His solicitor asked us to propose a date for exchange yesterday so I don't think it's us having unrealistic expectations. The vendor has lied. If I was his tenant id be furious if he tried to make me move quickly and I'd demand to stay my entire notice period. I don't blame the tenant at all.

So I guess now we just have to literally sit and do nothing for weeks and weeks. We wouldn't have bought this flat if we had been told it was going to be the best part of 6 months.