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Original poster

Vendors from hell

54 replies

Middleoftheroad · 10/02/2017 07:29

Long story (vents)

We put an offer in on a house at the very start of Nov. It was accepted at the same time as our sale. Great as our previous buyer pulled out.

I thought it was odd at the time the property we were buying had fallen through three times with three agents but the vendor said their buyers had pulled out way into the process each time. Her DH was not at our 2 viewings, she said he'd had a stroke previously and that they were moving to rented in Devon.

Their agent was a mare from the start. Grilling if we had the finances erc when we are in a healthy position but all was fine.

Roll to end Dec. house we are buying has three charging orders (alarm bells explains why agent was grilling us financially. cheek) couldnt find any paperwork for major extension etc. This delayed us. I didnt want to move into a house with charging orders. would debt collectors be at tge door?

Christmas. new year. start Jan im getting nervous we will miss school deadline for senior. this is why we are moving. our sale is going smoothly but buying - EA of vendor on phone emailing every day. The vendors not in a chain but we are all keen to move. we are really pushing.

last week. vendors atill havent had old massive (19 radiator) boiler serviced (condition of sale) we arrange to get this done instead asap. they say no. if we dont just get to exhange they will pull out.

Their EA explains vendor DH is aggressive and scary. he had 2 strokes and makes rash decisions. we say we cannot buy without service. they pull out put house on market. we concede tge boiler and fact they wont pay an indemnity and sale back on.

This week contracts on our sale returned for our buyer to sign... money transfered to bank for purchase and pencilled in completion next fri.

yesterday i happen to drive past vendors house.
Vendors for sale signs back up. i call agent. apparently her DH threw sold signs on EA desk in fury says he is marketing it til exchange papers are signed (not even had them yet from their end). EA confirmed they are scared of this massive agressive man. they tell me vendor has threatened to pull out again. i ask EA if the other three sales have fallen through and they have upset 3 agents because he has form for this. silence.

get home last night. vendors have got my address off paperwork and been round about 5pm while im picking kids up from club leaving a note with their number.

DH calls. vendors husband swearing abusive in background. wife says shes frustrated. trying to hurry it up. My DH us very calm and measured but vendors venting so he politely says bye.
i email all agents and solucitors to report this
Arghhhh what do i do today? moving is stressful but this is like a Channel 5 show the nightmare
vendors.

OP posts:
Spickle · 10/02/2017 08:48

You won't be able to exchange until the vendor's solicitor has given an undertaking to your solicitor that the charging orders will be removed at Land Registry on completion. No way, would your solicitor allow you to exchange with this outstanding and if you're getting a mortgage, your lender wouldn't proceed either. It is the vendor's debt and your solicitor will be unable to register you as the new owner until this is removed from the title. Your solicitor will seek clarification that the proceeds from the sale of the property will be enough to cover the debt.

MixedGrill · 10/02/2017 08:49

Actually I agree over the indemnity. That would be a line in the sand for me.

eurochick · 10/02/2017 08:55

The boiler was a nothing point. Not something I would have been bothered about. The paperwork for the extension or indemnity would be a deal breaker for me. If you can't get that sorted walk away. As a pp said the charging orders will have to be sorted before completion so they wouldn't bother me.

Frillyhorseyknickers · 10/02/2017 09:02

Pull out, find something rented in catchment area and continue looking.

Of course the previous sales fell through because of the deranged vendors - they sound infuriating.

If those charges on the title haven't been addressed you will have a shitstorm selling in down the line - I wouldn't be surprised if due diligence pulls out all manner of skeletons.

House buying is stressful enough without dealing with complete idiots.

witwootoodleoo · 10/02/2017 09:03

Had missed that the indemnity was about the building work. No way would I go through with it. What if the extension is dodgily built? You could have no end of problems

MaybeDoctor · 10/02/2017 09:05

If you really, really need this house I would:

Play along - just nod your head about the marketing up to the date of exchange.

Set no particular terms, if you can bear it.

Sell your house and ask removers to store your stuff for two weeks.

Get a plumber in to service boiler as soon as the house is empty.

Live in a Travelodge or Airbnb for two weeks until the dust has settled and you have had a chance to thoroughly check the property over.

This also allows a buffer for the vendors to move out, rant, rave, come back for forgotten items - with you all safely out of the way.

We bought a house from someone who was a hoarder - he was a lovely man - but we had to delay completion for two weeks as he just wasn't ready to move out Grin. Thankfully we were going in to a rented flat prior to renovation, but we just had to go with it otherwise it would have never happened.

Needmoresleep · 10/02/2017 09:05

Take a step back.

Has the husband the capacity to sell a house and move. His behaviour sounds very much like my mum in the early stages of dementia. Frustrated, angry and illogical.

Is anyone else able to sell on his behalf? Poor wording, but I mean is the wife able to organise everything and get him to go along with it. Or does she have any POA. It is logical and reasonable that she wants to downsize and move to somewhere more suitable, but SHE needs to sort out the obstacle that is her disabled husband.

If not the sale will not happen.

I would explain this to your solicitor and suggest he talks to the vendors solicitor in those terms. You are willing to give it one last shot. However your firm, drawn in the lines conditions are to have a boiler indemnity, and the charging orders. The paperwork for the conservatory (and I speak as someone who later had to sort out my mother's paperwork) may well be lost in the chaos. Was your surveyor content? If so you should be able to check with the Council (planning and building control) that there are not problems.

Then give a deadline. You are sympathetic to their problems. You are qualified buyers. If they can't sell to you they won't be able to sell to anyone. Hopefully their solicitor will clarify things sufficiently to the wife, that she takes control. Things must very difficult for her.

Given they probably can't sell to anyone, also start looking again.

And do not engage directly with them. Be polite but no more.

MixedGrill · 10/02/2017 09:10

Has your solicitor not advised you of the details concerning the charging order as posted by Spickle?

Can you get into rented fast enough for your buyers?

I agree, I'm not sure why you were so hung up on the boiler, considering the issues with the extension and the charging orders. Everyone knows that when you move into a new house the boiler will go as soon as it realises, and unless it is brand new and h fee guarantee it is always best to have a boiler fund!

SunnyL · 10/02/2017 09:21

Surely you're in a strong position with your sale almost complete. Go find another house and leave the scary man and his wife to their crazy antics

ImYourMama · 10/02/2017 09:23

A charging order on the home is MASSIVE deal, it means there has been previous defaults/bad debt at the property, for there to be 3 is insane, the association with this house on the electoral role could seriously damage your credit rating long term. Unless you absolutely need this house I'd walk away.

ExplodedCloud · 10/02/2017 09:33

I agree that the boiler and the EA 'grilling' you are non issues in the big picture when there are the charges and planning permission issues. If this is their 3rd go at selling, surely the pp and charges have been raised before. The fact that neither issue has been addressed so far suggests they can't be I.e. there's no pp (or was it building regs?) And they know it.
The man's stroke and his behaviour may be related. But regardless of that I suggest you pull out.

GinIsIn · 10/02/2017 09:38

I'm so sorry but I think I would run a mile - the extension hasn't got any paperwork, there's the charging orders, and the aggressive vendor. Can you even get insurance on the property if there isn't any documentation for the extension?

CotswoldStrife · 10/02/2017 09:47

3 charges on a property is unusual, I suppose they could have remortgaged? But the vendor is responsible for those, as another poster said upthread the sale won't go ahead unless the charges are paid off - but they do all need to agree to the sale so I'm wondering if they have actually sorted them out yet or if they will be paid from the proceeds of the sale!

I'm assuming the indemnity is for the building work - these cost peanuts and I wouldn't go ahead without (the vendor) paying for that tbh.

It does sound like a lot of hassle, I would be seriously tempted to walk away. The man sounds very difficult to deal with and it's not really your problem to sort out. I would go ahead with your own sale though, and start looking around for rental properties (although that won't happen in a week either, I would have thought!) Is there anyone you can stay with in the meantime?

Good luck with it all, I hope it works out.

MadameCholetsDirtySecret · 10/02/2017 09:48

I wouldn't buy it. He sounds deranged and I would put money on it that even if you do complete, it won't be the last time you see him. He doesnt want to sell for whatever reason and he will still consider the house as morally his. (I've had some experience of this)

Original poster
Middleoftheroad · 10/02/2017 09:52

Thanks

Charging orders - solicitors confirmed these will be covered by the sale

extension - they eventually found the building regs

our exchange with our buyers - we have signed the contract and posted it to solucitor. They are hopefully signing and returning as we speak. we envisage exchanging on Monday.

Moving date - completion pencilled in for next Fri so one week..with this hanging over us we cant book anything!

Boiler - it is not a normal one apparently. A super boiler servicing 19 radiators across 5 beds 4 bathroons, 2 lounges utiluty kichen massive hall etc. we think its old. it would be thousabds. but we agreed to ignore that in the end

calls - my DH spoke to tge vendor sorry not me. He's very measured but when he came back I could see he was visibly upset.

No news yet......

OP posts:
EssentialHummus · 10/02/2017 09:52

The boiler was a nothing point. Not something I would have been bothered about. The paperwork for the extension or indemnity would be a deal breaker for me. If you can't get that sorted walk away. As a pp said the charging orders will have to be sorted before completion so they wouldn't bother me.

Exactly this. It'll be a condition of completion that the charging orders are removed, so that's your lawyer's headache.

The bigger question is, is this a special enough property to justify this horror show, or can you pull out, move into rented and continue looking at your own pace?

EssentialHummus · 10/02/2017 09:54

Cross-posted OP, sorry.

I'd research roughly what the boiler costs to replace (as a worst case scenario), and aim to get it serviced asap after you're in.

GinIsIn · 10/02/2017 09:58

So if you have confirmation on the charging orders now, and have the building regs, what is still outstanding on your purchase?

Needmoresleep · 10/02/2017 10:08

BTW it is absolutely reasonable for an Agent to "grill" prospective purchasers on their financial situation. His job is to find suitable and qualified buyers for his client. I suspect he may already have know his client was difficult and wanted to make double sure, any purchasers would be straightforward.

wowfudge · 10/02/2017 10:18

The boiler sounds like ours - 30+ years old and costs around £50 to service. There isn't much to service in it - it just needs a clean.

Like a pp, I think the male vendor sounds ill. In the scheme of things the indemnities don't cost much. If the extension has been up for more than four years planning enforcement isn't going to happen. With regard to building regs, it is highly unlikely building control will come round.

Buying and selling is very stressful and this situation sounds worse than most. Try to detach, complete on your own sale and take it from there.

Original poster
Middleoftheroad · 10/02/2017 17:07

We still haven't exchanged. Apparently we are waiting on our lender to validate/approve indemnity.

We decided to go ahead despite major reservations.

I called solicitor who said likely to be Mon now. Just want it over. If tge door goes I will think it's him coming round in a rage because he's just found out.

I have to complete next Fri and contact LA re schools so nobody is more desperate than me.

OP posts:
MixedGrill · 10/02/2017 17:13

That's all very well, but they can only complete their own sale if they have somewhere to go. Next Friday is too soon to arrange a rental.
Will these vendors be ready to physically move on Friday?
If you do exchange on Monday with a completion date set for Monday I would be putting heavy pressure on their EA to ensure that they have arranged a removal van etc, and will give you vacant possession on Friday. Have they arranged a rental in Devon?

Original poster
Middleoftheroad · 10/02/2017 17:46

From what I gather they are going to her parents.

However, I understand that the companies that have imposed the charging orders require a statement? in advance. not sure how long this needs?

We cannot arrange our removal van until exchange or we would lose deposit. we could move the date but everybody lower in tge chain is banking on 17th. I feel helpless to speed this up!

OP posts:
DelphiniumBlue · 10/02/2017 18:03

Re the charging orders, the companies that registered them will need to give written statements of the amount due on the completion date, with a note of the daily rate arising thereafter. If I were the solicitor, I would not exchange until these statements were available, as they have to undertake to discharge them out of the completion funds. In order to do this they need the vendor's written authority ( which clearly can't be given until they have seen the statements.)
So if the statements have not already been requested, your chances of completing on Friday are pretty low.
It does depend to a large extent on who the charging orders are in favour of, commercial outfits can usually provide the statements fairly quickly but individuals or quangos can take forever. And in your case, Mr Angry might dispute the figures, which would cause further delay.
I think i'd start checking our rental properties over the weekend.

Original poster
Middleoftheroad · 10/02/2017 20:19

Thanks for the heads up. Hoping they have the statements. solicitor said OS1? form will cover it all..

OP posts: