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WDYD when you've completed and vendors are still in?

451 replies

Lemonwords · 15/07/2016 09:16

So we've finally completed on our property. We're waiting to get the keys but vendors are saying there is an issue with their removal service and can't move out today. Solicitor says they have to. They say they can't. Literally what do you do?

OP posts:
insancerre · 17/07/2016 14:02

Any update op?

Oliversmumsarmy · 17/07/2016 14:08

What makes you think that Monday will be any different to Friday.

Certainly wouldn't be charging them "rent" when you know they hadn't organised a place they were moving to.

Why so blasé about taking possession of what is rightfully yours?

HeartsTrumpDiamonds · 17/07/2016 14:48

I wonder if their "issue" with their removals service was that they never booked one in the first place!

Scarpetta82 · 17/07/2016 16:30

Another place marked for tomorrow.....

Toomanycats99 · 17/07/2016 16:42

Not place marking at all.

Binkermum29 · 17/07/2016 17:23

Nor I.

ILoveDolly · 17/07/2016 17:26

Oh I hoped something else would have happened

SuperFlyHigh · 17/07/2016 17:32

Place marking. I work for a solicitors (not worked in resi conveyancing for 3 years though, this scenario happened once when we had a locum in, complete nightmare, people buying had to find a hotel and sellers were charged for cost of hotel. Came down to something to do with funds being not released for purchase in time for completion.

In case anyone is worrying - this scenario is extremely rare, usually your solicitor should handle this for you... The best type of solicitor especially in this type of scenario is NOT a conveyancing shop type no matter how cheap they may be!

Onesieisthequeensselfie · 17/07/2016 17:32

Hope it works out OP not shamelessly placemarking at all, oh no

MsMarvel · 17/07/2016 17:34

Im not place marking I promise...

Bearbehind · 17/07/2016 17:35

superfly, no offence but that is a completely different scenario.

This property now legally belongs to the OP. They have completed but cannot actually get into their own property Hmm

Lemonwords · 17/07/2016 17:35

Oh sorry I've just realised there have been a "few" responses. I have not had chance to read properly. I presume it will be people telling me I'm an idiot. Not heard anything this weekend and we've held off on celebrating the move in case it goes tits up tomorrow. They are apparently booked in with removals at 9am and I'll be there to see if that is the case. We do have the key now though so if not will just go in and take seat!

OP posts:
SuperFlyHigh · 17/07/2016 17:37

Bearbehind just read last few pages turns out the sellers are tenants.

The property is legally as I understand is now OPs and they could quite easily turf them out.

greeningthedesert · 17/07/2016 17:40

Good luck for it all to go smoothly.

SuperFlyHigh · 17/07/2016 17:43

OP - I hate to say it but as Gobbolino says the estate agents generally in case of this sort are useless, they've got their commission which is what they wanted. They are supposed to, on day of completion, release the keys to you, by a specified time (Usually 1pm latest which is when your mortgage monies if buying with a mortgage will be in your solicitors account). Most estate agents will be quite pushy about monies being received and releasing keys but some don't care.

You should have got onto your solicitor about this and if necessary gone in person down to their offices! What do you think you're paying a solicitors fee for if not for them to act on your behalf in this transaction? A complaint to them should be in order from you.

Hope it works out tomorrow and they get out.

Bearbehind · 17/07/2016 17:43

superfly, the point I was making was your example of a sale not completing due to funds not being released is totally different to this situation.

The vendor is legally obliged to complete on a specified date and if they don't then penalties can be enforced.

In this situation, they have completed but don't have vacant possession- that is a massive fuck up and not 'easily' resolved if the current occupants turn nasty.

SuperFlyHigh · 17/07/2016 17:44

And yes I have just read thread and sellers are not in fact tenants!

CoolCarrie · 17/07/2016 17:44

Hope it all goes well and enjoy your new home.

Iwanttobeagranny · 17/07/2016 17:44

This happened to us years and years ago. Can't remember what happened but we were unable to move on the day. We moved all of our stuff into the conservatory and dining room and got it the next day. The people who had bought our house were very understanding. We also moved into a house before we bought it once (we used to be serial movers) and rented it until the sale went through. We took out the new kitchen that the guy had just put in and sold it...then shock, horror it looked like the sale was going to fall through, luckily at the eleventh hour we did complete haha

Brightredpencil · 17/07/2016 17:46

Good luck OP blatant place marking too

Expat777 · 17/07/2016 17:48

Just reading this on Sunday, hopefully you have now resolved it. If not, if you purchased the property through an estate agent I would have thought they have some responsibility. If they are not out by now get tough. Sadly, some people always want to take the Micky. You don't need this ongoing.

SuperFlyHigh · 17/07/2016 17:48

Yes bearbehind of course there are penalties and it's not easy to resolve if no vacant possession on completion but I didn't want to scare OP and anyway as you probably are aware most of these cases are resolved even pending completion date.

What I was trying to get across is the moot point that this scenario is extremely rare and often solicitors, mortgagees (re releasing funds etc) and even estate agents try to prevent and or resolve this ASAP. In my experience anyway.

Lemonwords · 17/07/2016 17:48

I've read a bit more...Just to clarify my solicitor has not advised me to do this. But equally they were not forth coming about what else could be done. They said "they have to move out" I said I knew that and that message had been passed on via the estate agents but they were saying they couldn't. The "agreement" and passing of bank details has been done via estate agent (who didn't have a set of keys - vendor had to drop them off after we made an agreement for the weekend).

OP posts:
Lemonwords · 17/07/2016 17:50

Of course the key could be for any old house. I've not been to see if they are packing TBH. If I went and they weren't I'd just be stressed and I wouldn't be able to do anything about it until tomorrow. We've had a lovely weekend spending the "fine"
money and tomorrow morning if all is not fine I'll be less relaxed than I have been.

OP posts:
Bearbehind · 17/07/2016 17:50

Sorry to labour the point superfly but I'm sure the OP couldn't give a shit how rare this situation is - she is in it.

She has completed- the situation wasn't resolved pending the completion date.