Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

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:
Ouriana · 15/07/2016 10:35

This reply has been deleted

Message withdrawn at poster's request.

ExtraHotLatteToGo · 15/07/2016 10:37

I would go there right now, get the keys & go inside - stay inside (take drinks & loo roll!).

If they are packed up & ready to go I'd talk to them, see what's happening. IF they seem in a genuine state & do actually have somewhere to go, I'd try to help them out by finding a removal company who can come today.

I might even let them stay overnight as our guests (I'd stay too) BUT if they weren't packed up I'd be reading them the riot act and telling them to be out before 2 come hell or high water. I'd thrust my crb under their noses & tell them to crack on whilst I keep an eye on the little ones.

Do NOT let them stay without you present. No matter how nice they seem, this could land you in a right mess.

Just5minswithDacre · 15/07/2016 10:37

Has anybody asked them when they can get a remover for?

That might be a good way to judge how hard they've been looking and how much frantic ringing around they have done. And a good way to open a constructive conversation about ways forward.

shillwheeler · 15/07/2016 10:39

Lemonwords, how stressful. You need to get onto your solicitor and kick their arse. Big time. Check also that your insurance covers you. Do not be fobbed off by your solicitor. You need them to deal with this as a priority, and to establish exactly what has gone on.

Without knowing all of the facts, hard to comment. However, I am surprised that their non-ability to move was not flagged until now. Usually, money is transferred only when parties are able and willing to complete (and that means vacant possession unless something is expressly agreed to the contrary) and the keys are handed over. Like another poster said, it may be worth finding out where the money is. If it hasn't gone through yet, perhaps there is time to stop it. Are you absolutely sure completion has taken place? You really need to speak to your solicitor and find out exactly what is going on.

If you haven't actually completed, but they delay completion, then the contract usually provides for them to pay you compensation. (If they knew they couldn't move out by the completion date, then this is what I would have expected them to do - delay completion).

If however, you have actually completed and they have your money, then it's a different ball game. And your solicitor needs to play hard ball. (Escalate if you're not happy with the way he/she is dealing with it - you need someone you can be confident in on your case).

Most likely, your sellers are just badly organised/stressed/dumb. And haven't got their act together. The only time I experienced this was with a widower who just couldn't cope with the enormity of moving - when someone talked to him and organised the removal van he moved out like a lamb. Perhaps your sellers are just dysfunctional and/or lazy and either need someone (not you) to read them the riot act or organise their move for them. (And make sure they foot the bill).

Worst case scenario, and very unlikely, you're looking at having to evict them. However, neither you, your solicitor, or mortgage company will want this. And nor will your sellers if they know they can't mess you around. If they don't move out, they should be liable for your losses - your solicitor needs to lay this on a bit, then they will release that working hard to find removal men or hiring a van and putting their stuff into storage really will be their cheapest and easiest option!

Do pursue your solicitor and the estate agent (but be wary of agreeing anything with the latter, just take soundings and remember they are acting for the seller). It may just be down to miscommunication, a half-useless solicitor and a blip. Chances are it can be sorted out by the sellers getting removal men set up, going into storage, whatever, and if absolutely necessary staying in for a day longer under a licence arrangement, but it needs to be agreed and documented so that you and your mortgagee are protected. Don't be fobbed off. And try not to take too much of the heat yourself.

Stressful at the best of times. Let the people you pay to sort it, sort it (providing they are not completely useless/negligent, in which case, you may have to think about instructing new ones). That should also mean that you can maintain some sort of relationship with the seller....

Hopefully, things will sort themselves out. Fridays are the worst times to complete. Come Monday, things may look very different. Good luck, and keep the gin handy.

SestraClone · 15/07/2016 10:39

Shock hope you get this sorted without too much hassle!

SoEverybodyDance · 15/07/2016 10:39

I have read of a situation where the vendor refused to move out because the husband had changed his mind. In the end the police came and ordered them out and before they buyers could move in, they had to move all the furniture out onto the front lawn.

That sounds a bit drastic but if you are willing to let them stay on beyond the completion date, make sure you sort out any issues with regard to house insurance etc because if the house burnt down while they were in it and you hadn't insured it, it might cost you an awful lot.

ExtraHotLatteToGo · 15/07/2016 10:40

Oh - that's all assuming you've already rung solicitors, agents, locksmith & that's all being worked on!

newtscamander · 15/07/2016 10:41

Nothing to do with your estate agents, this is a legal matter. Solicitor and police.

Famik · 15/07/2016 10:44

Though it's not to do with estate agents, a good estate agents will support. Ours certainly did as legally we were advised nothing could be forcefully done until midnight. My experience is police and solicitors don't really want to get involved!

Lindt70Percent · 15/07/2016 10:48

A friend of mine's house sale completed 4 days after her husband was killed in an RTA. She still managed to move everything out on the day (without removal people). Lots of people rallied round to help but I still don't know how she did it.

ILs moved 2 years ago and had underestimated how long it would take them to pack up their years of accumulated junk and so were still packing when their buyers were trying to move in. Their buyers were extremely hostile with them, telling them they were trespassing as the house no longer belonged to them. ILs were upset by the hostility but knew the buyers were right. They managed to move out on the day but not until about 10pm!

They're being massively unreasonable and are showing no regard for you. Your solicitor needs to be more proactive.

specialsubject · 15/07/2016 10:52

If Lindts poor friend can do it, these people can. It isn't their house any more, you've just paid a lot of money for it.

any kids or pregnancy are totally irrelevant. Light a bonfire under your solicitor.

(which hopefully the OP is doing as we type - fingers crossed these loons are shifted ASAP)

WhoTheFuckIsSimon · 15/07/2016 10:53

Hope it gets sorted, how stressful.

Dogolphin · 15/07/2016 10:55

When this happened to my mum she sat in the lounge on their sofa and glared at them until they moved out!

TheUnsullied · 15/07/2016 10:55

Not having a removal van doesn't stop them leaving...it stops them taking most of their things with them. And as they should have been out yesterday, not today, they've had plenty of time to make alternative arrangements if they were let down on the day they should have been out. Get your solicitor to sort it but the absolute most generous you should be is allowing their things to stay in your home an extra night, not the people themselves.

shillwheeler · 15/07/2016 10:57

Famik, agree. To a point. Agents are often very good at finding pragmatic solutions. Police most likely won't want to get involved, and many solicitors have a tendency to hide when the going gets tough. A good agent may work with the sellers getting them to get their act together today and over the weekend. Come Monday chances are it will all be resolved.

However, it looks like OP's sellers chose to complete (take the money) knowing or not caring whether they could move out and give vacant possession. They could have delayed completion, leaving OP's money protected and taken it on the chin (paying compensation). For whatever reason (ignorance or design) they chose not to and that leaves OP and her lender exposed big time.

Glitches happen. Hopefully it can be amicably resolved. But OP needs to protect herself, and at least, her solicitor needs to spell out the consequences if the sellers don't play ball.

Batteriesallgone · 15/07/2016 11:00

Hopefully OP hasn't come back because she's got it resolved?...

wowfudge · 15/07/2016 11:09

What? I would in the place turfing them out having spoken to my solicitor. In fact, I would be changing the locks and emptying their stuff out. Unbelievable behaviour.

CotswoldStrife · 15/07/2016 11:15

What a horrible situation. I'd expect the vendor's solicitor to be telling them to get out, your solicitor should be contacting them (and possibly the EA too, the more people on this the better) to move things along.

I suspect that they know you are not moving in straight away. Do you know anyone with a van that you could borrow and turn up at the house with?

OlennasWimple · 15/07/2016 11:21

Call your solicitors and tell them you expect to take possession (keys and empty house) by 3pm today.

Let their solicitor negotiate with yours if this is not feasible

Enkopkaffetak · 15/07/2016 11:51

when dh and I sold our first house we had rented a van. When dh went to collect it on the morning they gave us one that was half the size of what we were meant to get (due to an accident) They offered compensation for it. However it meant we could not move as fast as we had thought we would. So we ended up pulling all off our left over stuff into the neighbours front yard (with their permission) placed some blankets over it then drove the first half to the new house before returning to collect the last half.

New owner was delayed by 30 mins due to this. (She was fine about it as could see is frantically trying to sort it out)

However not once did it occur to me to say " sorry we just cant make it out" This is what your sellers should be doing . Finding a way around it.

Hope you get it sorted asap

Liiinoo · 15/07/2016 13:13

This happened to us. We went round and rang on the door. When they answered it I slipped past them and sat down in the front room with a bag packed for a siege. Like you we weren't moving straight in so I think they thought they could just hang out there until they felt like moving.

Lemonwords · 15/07/2016 13:27

Sorry been a busy day! We're still not in. I can't actually get in as have no keys. The arrangement was they would move out this morning and they keys would be dropped off at the estate agents for us to collect. We then got a message this morning to say there was an issue.

We are going with a daily rental fee till they move. Which is now Monday. They seem to have been left high and dry by their removals and it's a large house and a man and transit van isn't going to cut it apparently.

Fingers crossed for Monday. I had no idea this could happen. It's our third house. Pleased we have the in laws to fall back on.

OP posts:
Heathcliff27 · 15/07/2016 13:35

Wow thats awful OP but i'm very surprised that your solicitors/estate agents are agreeable to this.

Why did they complete without having the keys in their possession? Think someone has made a huge error there and I wouldn't be letting them get away with it.

Batteriesallgone · 15/07/2016 13:38

Have they got your money?

What was your solicitors advice?

Why are they paying the (huge!) delay to completion charge? I hope the rental fee is extortionate

Batteriesallgone · 15/07/2016 13:38

Why aren't*

Swipe left for the next trending thread