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Original poster

Can't sleep... Vendors changing things on day of exchange, what would you do??

137 replies

Halfwayoranges · 21/06/2016 04:07

Hi all.

I feel like I'm having a breakdown!! Meant to exchange yesterday with completion this Friday, and the vendors have suddenly said they want to leave their shed until their next purchase goes through, and collect at a later date! Their reason for this is apparently that they are waiting for probate on their next purchase. They agreed to move by end of June as our tenancy runs out then. We don't want to be stick with their shed until God knows when! And how would it be removed? How would we communicate this?

We said no and have heard nothing from the vendors. We need to find a new tenancy within 7 days if they don't exchange.

What do you think we should do? We feel totally drained with it all!!!

OP posts:

JeffreySadsacIsUnwell · 21/06/2016 08:23

Allow them to leave it, get a retention clause written into the contract as above PP, and hand over less money for the house now.

If you think it'll cost £1000 to dispose of it, and the house is £500,000, the retention clause means that you will pay the vendors £499,999 less balance on completion day. When the deadline for moving it comes up, either the shed has gone and your solicitors hand over the remaining £1k on your behalf, or the shed's still there, your solicitors hand back the £1k to you and you dispose of the shed.

Don't leave it open-ended, do put a reasonable figure on it. If they don't like it, they can sort out something else or risk losing their sale (and purchase).

We did similar with our sellers. Everything got sorted 😉

Original poster

Halfwayoranges · 21/06/2016 08:28

We don't want people turning up to remove it at a later date, and dismantling it all.

Do people think our offer to pay for storage is unreasonable?

OP posts:

akkakk · 21/06/2016 08:30

if you are prepared to pay for storage - surely, just buy the shed off them - end of job... they have to move the house contents so they can move teh shed contents as well and build themselves another one!

NotPennysBoat · 21/06/2016 08:34

You're asking if it's unreasonable to pay to store the shed. As pp have said, it's not unreasonable, but it's a bit daft!! They are creating a problem for you and you are giving them money for doing so! Don't let them do that to you! Either say no, or have something written into the contract around collection.

schbittery · 21/06/2016 08:43

i think you need to get a bit of a grip here. this kind of shit goes on all the time when buying a house. is it really worth losing the sale over something that is quite happily sitting in the garden?

when we moved here the vemdor tried at the last moment to charge us for the (hideous) curtains, light fittings ans garden shed. we said no we dont want them, via the estate agent. She said fine well ill take them out and you wont have any lights on moving in day. we said knock yourself out. Of course she couldnt actually be arsed to take the lights down or destroy the shed and only just managed the curtains but left us the poles for us to put own curtains up for a couple of weeks while waiting for our new shutters. The lights are still there.

i sold the shed a year later on a local facebook site for 80 quid. The guy came and dismanteled it and took it away one evening. Took about 15/20 minutes.

Original poster

Halfwayoranges · 21/06/2016 08:56

Thanks for the replies!

I get that it's not worth arguing over. I just feel uncomfortable not knowing when it will be collected and having to be involved with that.

Do you think my offer to pay for storage will be a help? If I was the vendor I think I would rather that to be honest anyway.

I get what people are saying that we are paying for a problem we haven't created, but if it has to stay and we can't buy unless it does, we would rather just pay for it to be removed.

OP posts:

schbittery · 21/06/2016 09:03

why not just let them come and get it a few weeks later with an offiical agreement put in place with your solicitors that it has to all be removed on one convenient afternoon and by a certain date?

no way would i pay to store someone elses stuff - in fact in your position i would just say no sorry were having work done in the garden as soon as we move in so its not convenient. then they can pay to store their own shed like everyone else that moves to sell without having somewhere to move to immediately does!

Original poster

Halfwayoranges · 21/06/2016 09:07

The reason we don't want it there is because we have planned to do work to the garden over summer and it could end yo being weeks until it's moved and lots of hassle for doing it.

In the interests of speeding it up and appreciating their situation, we thought offering to store it might be a fair solution.

OP posts:

deste · 21/06/2016 09:11

I would let them leave it. I don't think it was worth losing a nights sleep over. Give them a time frame and if it hasn't gone by then you will consider it yours.

schbittery · 21/06/2016 09:28

in all seriousness just say no sorry its not convenient - they can dismantle it and store it before they go!

whois · 21/06/2016 09:39

Ok, well if you want the garden clear ASAP to do work on, how about saying "no, sorry, really want the garden clear so we can work on it. However in recognition that the vendors are moving out before hey have somewhere, we are happy to offer £650 (or whatever!) as a token of goodwill"

TreadSoftlyOnMyDreams · 21/06/2016 09:59

Are you quite sure that they are not proposing to fill the shed with all their crap too?

DonkeysDontRideBicycles · 21/06/2016 10:00

It adds to the stress doesn't it so I would probably cave on this. If they are looking for excuses to pull out don't let this be the stumbling block. I assume it's locked and padlocked so you can't cram anything in yourselves. Of course your insurance won't cover their shed so it's their problem if any property therein gets damaged or goes missing - you won't accept liability.

If they still haven't responded by lunchtime I wouldn't let a house slip through my fingers because of their stupid shed.

MyMurphy · 21/06/2016 10:05

Really, I would give them a time limit to remove it and relax about your garden. Get some use out of the shed while it is there.

wowfudge · 21/06/2016 10:07

I too suspect they want to use it as storage.

2nds · 21/06/2016 10:09

Absolutely what Deste said, let them leave it and if they don't come back for it within an agreed timeframe then consider it your own. Absolutely do not pay for storage, why bother that would just cause more hassle and will be extra expense to you.

If they don't turn up for it during the agreed timeframe and you still don't want it sell it.

schbittery · 21/06/2016 10:10

thats a good point as well - what happens if you have a fire or flood after completion and their shed is damaged - are you responsible for replacing it and any contents? I'd either say outright no or yes with a defined agreement stating time limits and no liability.

2nds · 21/06/2016 10:11

Oh and if you do sell it the buyer could have it dismantled surely?

Honestly I don't think this is something to stress over.

Thingvellir · 21/06/2016 10:13

We had a retention clause drawn up 2 days before completion as flaky vendor hadn't cleaned or cleared out the property. (It had been rented out and was in a horrible state with disgusting furniture). We had a letter drawn up saying if it wasn't completely clean and empty on close day of pay 1.5k less. He cleaned it out on time.

You can do something similar - if it were me I'd give them 6 weeks to remove and if they don't it becomes mine, poss hold destruction costs in escrow for when the 6 weeks is up. Will it being there really be an issue for a few weeks? The issue is the time effort and cost for you to dispose if it come to that I think. (Unless you'd want to keep it)

WhatchaMaCalllit · 21/06/2016 10:23

Halfway - you have asked the same question on 6 separate posts -

"Do you think my offer to pay for storage will be a help?" and you've had multiple replies to this question.

I'm clearly getting the feeling that you're very stressed by it all but have you not read the replies telling you not to pay for storage but to withhold some of the final payment for the property as an incentive to the vendors??? They then decide to either remove the shed and it's contents within a defined time frame or to leave it in the garden of the property you are purchasing and the remaining money for the property would be transferred to their account on that date and they cease to have any ownership of the shed and its contents.

DO NOT PAY FOR THE STORAGE OF THE SHED AND ITS CONTENTS.

TreadSoftlyOnMyDreams · 21/06/2016 10:27

If it's full of stuff, disposing of it gets much more complicated.

I'd refuse but I appreciate that you are in a rock and a hard place with your tenancy ending and they are taking advantage of that. I think if you insist that the shed is emptied, they will refuse to exchange. Fuckers.

Don't agree to it without a time limit, funds in escrow and no liability or lien on your household insurance for any contents. Speak to your solicitor.

Original poster

Halfwayoranges · 21/06/2016 10:31

Thanks for your replies.

Just feel exhausted... This has been one of many issues!

They are now offering to sell it to us. Just to clarify, it's a huge thing, with electrics and chairs in etc so it's not like an old tiny shed.

We just didn't want it there after completion. It can be dismantled and stored and we don't see why they can't do that.

Spoken to agent who is speaking to them today

OP posts:

WhatchaMaCalllit · 21/06/2016 10:37

Just say that you don't want it and they must remove it. You bought the property for X amount and you don't want to pay X+shed amount as you don't want the shed. The final amount should include the cost of the shed not as an optional extra.

If you don't want the shed tell them that they have x amount of time to removed it and the contents otherwise you will remove it and deduct the cost of the skip from the cost of the property.

Make sure your solicitor is working for you on this and is making very clear to the vendor what you do and do not want come closing day.

schbittery · 21/06/2016 10:38

theyre trying it on - just like our vendors did. just say no thanks, you dont want it.

They may just leave it anyway and then you can decide what to do with it. They're just being greedy trying to eke another couple of hundred quid out of you.

Original poster

Halfwayoranges · 21/06/2016 10:40

What did your vendors do?

I feel so stressed and thought I would find the while process a breeze! How wrong I was..

OP posts:

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