Buyer's support thread #5

[scribblegirl]

Sorry for breaking the last one

and for all....

Sorry that sounded snappy, it wasn't meant to be. They've lied outright and I'm furious about it.

Really happy for you Tits Enjoy, enjoy, enjoy!!!

((((kirin)))) I am right there with you. I'm so sorry this has happened. (The puppy's a boy, his name is Sam :) )

Welp, just had a chat with DM and it turns out it's not just my mental health that's suffering. God, I feel so fucking awful. I do not deserve my mother and to know she is really finding it so hard - she gave no indication until today - makes me want to get out this minute.

I've emailed the estate agent and told her we are now facing being homeless and will be forced to pull out and find somewhere to rent. If that doesn't get the vendor off his arse then I guess I was right and he was stringing us along.

It's shit. I feel like blowing our deposit on a massive holiday and never coming back!

Kirin and heyhey. I'm so sorry for both of you. Kirin, your vendor

Sounds horrid.

We still don't have our mortgage sorted out. The lender wants more payslips. The house looks desolate and overgrown now and there isn't much excitement left anymore :(

Kirin, really sorry to read your update, I can totally empathise with your situation!
We pulled out of our purchase a day after exchanging on our sale as the large builders we were buying from had messed us about, been economical with the truth and had tried to bully us by threatening to withdraw contracts because our chain couldn't complete on their totally unrealistic date. We called their bluff, exchanged independently on our sale and we now move out in August into a short term rental. Coincidentally we have found another house to buy, from a small family owned building company and the experience has been so different with them. They are a delight to deal with, really accommodating and actually the house and area is better than where we were originally buying. We have lost money in survey and legal fees for first aborted purchase but we are much happier now so totally worth it, silver linings and all that!
What I'm trying to say, in a really long winded way, is that if you decide to withdraw you could find an even better flat and as a first time buyer you are in a good negotiating position especially post Brexit. I wish you the very best whatever you decide.

Hey, sorry to read your update too, not sure what your seller thinks he's playing at! Don't understand vendors who mess about, we've bent over backwards to accommodate our buyer an we really wanted them to be happy and proceed with the sale as we are relocating with work and really need to move. Don't blame you for giving your vendor an ultimatum, hopefully that will motivate him to pull his finger out, not sure why buying and selling has to be so horrific for you.
PS your puppy is adorable!

The vendor's solicitor would be very happy to exchange - then the problem becomes your solicitor's problem!

kirin - I hope you reach a satisfactory conclusion. Have you had your eye on the market to see if anything else is coming up as a back up?

Well we're in. All went quite smoothly. We reached destination at 12ish. Got keys 12.30. Vendor was knocking about for an hour whilst they waited for their keys but was v helpful and left the place pretty clean and lots of useful bits for the house so we didn't mind a jot. The movers were unloaded by 6ish and we had a glass of prosecco by the pool!

Good luck to everyone else, you deserve it. After weeks of delays it was such a relief that the day itself was not too bad.

many congratulations Titsdown. it's great to hear from someone crossing thw finish line.
enjoy your new home

Congrats tits! Enjoy! Errr, quite jealous of your fizz by the pool.

We are likely to stick with this sale even though it's tainted by a twat of a vendor. We like the flat and the market is still pretty quiet.

Calling spickle!

I think we know the answer but our solicitor has arranged for the tenant to sign the contract saying he will vacate on 15th August. Our solicitor is saying that contract coupled with the vendor's solicitors undertaking that he'll leave by 15th should give us enough confidence to exchange before he leaves and completion with vacant possession.

Obviously, the only guarantee we have of him being gone is by waiting to exchange until he's gone but we cannot afford an overlap of rent and mortgage payments so we don't want to give notice on our own place and then be stuck because the tenant hasn't left. But our solicitor has warned us the vendor can pull out if we don't exchange quickly and that with the undertaking and signed contract with vendor and tenant we've got an avenue for recourse should they be in breach but I'm still not sure if we should be taking the risk.

Your advice would be appreciated.

Yes, in theory you can complete on the same day the tenant vacates (or is the tenant vacating prior to this but after exchange?).

Tenants don't always take care of the property though so you may find you're moving into a property left in a poor state. We always advise our clients to view the property once it has been vacated to inspect the state/condition etc and ask the seller to make any repairs/decorations (they should be holding a deposit to cover the costs) and exchange and complete shortly thereafter.

Even if the seller has served notice on the tenant to vacate the property, there is no guarantee that the tenant will move out when they are required to and the seller may have to take Court action to get the tenant to vacate. This is a time consuming process. Bear in mind also, that if you have given your landlord notice, you could be homeless if the tenant remains. However, if the seller's solicitors have agreed to provide an undertaking, I would assume they are confident that the tenant is going to leave on 15th August. You can agree a conditional exchange of contracts with completion, say, ten working days after the tenant has vacated, which would give you time to inspect the property and/or get the seller to fix anything broken.

I'm guessing that you're being pressured to exchange so providing you're aware of the above and/or discussed the possibilities/options with your solicitor and are happy, then you can go ahead.

I'm not a solicitor though so will have a chat with my colleagues at work to see what they suggest.

Thank you.

I was thinking we'd exchange whilst he's still there and then complete a week or so later so we can see the condition of the property. The tenant is also signing the contract so hopefully that's enough to deter him from being difficult. He seems like a nice guy. It's the vendor that has been the problem.

We are being politely advised that if we leave exchange in abeyance for too long the vendor could pull out which would be a pain for us.

I have raised our potential homelessness as an issue and that ultimately is our only real concern. I'm happy to immediately sue anyone we need to if we need to but we don't want to have nowhere to live!

Hi all. I've been too depressed to come and say what's happening. Sigh sigh complain.

Basically it turns out that a lot of the delays have been caused by our vendor's divorce, which we were assured was already complete. Of course it's not. It's still going on and it's messy and the house is part of the settlement.

The vendor says his ex-wife is obstructive and difficult - I don't believe this for ONE HOT SECOND - but his solicitor, once we got to the bottom of it, says she is very amenable and the vendor is the one causing the delays. This I believe.

So we are counting down one more week and then pulling out if no luck. I'm totally heartbroken

Oh no Hey :(

Why does everyone lie?! Is it just a case of them needing to agree terms of settlement or does the divorce need to be final?

Well what their solicitor is saying is that they have a separate solicitor for the divorce so it doesn't need to be final...but I just don't believe anything anyone says anymore!! And until the ex-wife signs the query responses we are stuck. But I honestly don't believe he is giving her what she needs to sign. I hate him so she must want to throw him under a bus!

I don't know why everyone lies. Maybe you and I should swap vendors for a bit just for a change of lying pace

Mine is a liar but I think yours is worse. Have you given him an ultimatum?

Several times (the is at him not you by the way!)

Anyway, an update. They've sent their answers to the enquiries but haven't completely answered the main question about the land border so we have now given one last ultimatum: we exchange by next Friday or we pull out. I'm devastated. We will need to move into rented for a year.

Well, we are hoping to exchange next week and have agreed a completion date of 19th subject to us actually exchanging next week.

As ever, I am drip fed information by my solicitor but I think there was one query about the lease extension that they needed a response to. We are expecting to recurve the contract imminently.

Crossing everything for you, kirin!

Hohoho the garden doesn't belong to the vendor hohoho it just keeps getting worse hohoho

The developer who still inexplicably owns the land is saying they are happy to sign it over to us but it's a case of whether or not the lender will accept.

Appointment to view a rental on Saturday

Oh god. Are you going to pull out?

If the lender won't accept then we'll have no choice

Why wasn't that picked up early? Surely that would be on the title plan?

You would think. The title plan is a mess of tiny parcels of land and all along we have been saying 'look this doesn't match up to what we know the garden is like' and their solicitor has been saying 'oh it's just that the drawings look different/the title codes have changed/some other excuse' but of course we were right.

Only ray of hope is that he can't sell to anyone now so might as well get it sorted for us.

OH AND ALSO then we got a message asking if we can exchange and complete as quickly as possible because he needs the money for private school fees!

LAUGH

CRY

MURDERDEATHKILL