Closing or not? We don't know!

[NotAPuffin]

We're due to close on a house on Friday. We signed last week. The contract was conditional on the vendors getting their financing in place.

Yesterday we heard that there are 'issues which they are working on resolving' and that their solicitor hasn't yet received the funds. DH was on the phone to the vendor yesterday and she said there are legal issues with their mortgage, whatever that means.

It's looking increasingly unlikely that we'll close on friday. Our solicitor finishes for christmas on wednesday so if we don't close by then, it'll be january.

The vendor had said to me earlier in the week that their vendor hadn't wanted to complete before christmas at all, but they had pushed because we wanted to. She had also expressed shock that we were actually planning to move in on closing day; she hadn't planned on us having access that day at all.

Where do we stand in all this? Since we've signed, are we legally obliged to just hang around and wait till they get their affairs sorted out, however long that takes?

Where are you OP?

I'm confused by "closing"-are you in Scotland? If not, you don't have any obligation to the sellers at all unless you've exchanged contracts.

We're in Ireland, Sorry, by closing I mean completing - closing is a work term and I'm tired, teary and slightly incoherent at this stage.

We have exchanged.

If you've exchanged, you must have set a date for completing? Or is that different in Ireland too? I can't see how you could have exchanged of there are issues with the mortgage?

Surely they can't have exchanged without a mortgage being in place?! She eke to your solicitor can you get some sort of compensation. Once you complete the property is yours, or it is in England anyway - your vendor has to give your access as the property is no longer theirs!

When we exchanged, friday was the date set for completion. But the contract included a clause that it was conditional on them getting their finances in place. Our solicitor didn't seem to think that it was a problem.

Your solicitor is totally useless.

Okay. But is there anything we can do about it at this stage?

You need to speak to them urgently to find out what's going on-presumably you have movers booked, postal redirect in place etc...

What did she expect you to do once you legally own the house? She can't deny you access at that point surely. If their vendors didn't want to complete before Christmas I expect this is a stalling tactic.

We're living with my parents so it's not as much of a problem as it could be. Out stuff is in storage, we had booked to have it delivered on monday (because the vendors told us they wouldn't be out in time on friday for us to get stuff in!) but we can cancel that.

hate to say it - but put up your tree where you are. Nobody is going to get their arse in gear before January now. And it sounds like you also have the vendor from hell who doesn't realise that selling a house means you need to move yourself and your possessions out. There was a big thread about this recently, this level of stupidity is sadly not uncommon.

and I do suspect they have been messing you about to ensure they didn't have to shift before christmas.

sympathy - been there!

Get a new contract drawn up ASAP which has daily penalty clause and a walk away date by which you retain the deposit and all obligations cease.

I take you are not committed to settle your purchase
on Friday?