Pushy vendors now delaying completion - what are my options?

[MarmiteAndMustard]

Half rant/half need advice.

I’m a first time buyer so no experience in these matters. My offer was accepted on a property back in August. Both parties were aiming for completion early December but it didn’t happen. Around this time the vendors were getting pushy and were ranting at me about how long it was taking, stating that they absolutely could not complete any later than the first week in January. They’ve been very secretive about their onward plans but I believe there is no chain - it’s just me buying from them.

Before Xmas, I suggested a date for this week to allow them some flexibility and they came back saying today. I have booked removal vans etc for Wednesday giving me a couple of days to clean etc (it will definitely need it!). Everything is packed up more or less and I had planned to start moving smaller items today.

At 5.20pm, my solicitor finally got in touch to say they cannot compete until Thursday because the property is not clear and they have a skip there until Thursday. I’m livid that they left it so late to inform me.

My solicitor wants to know how I wish to proceed. I don’t know what my options are. The private rental I’m in has been sold and I need to be out (I timed it all to leave time to clean etc) and I’ve incurred other expenses, not to mention time off work etc! But we haven’t exchanged so I don’t know if I can claim my expenses. I’m so angry about the way I’ve been treated - they must have known yesterday that they wouldn’t be able to complete today - I’m dubious that it will be Thursday even.

How should I handle this please?

Just to add - insurance is in place already

They’ve come back agreeing to exchange and complete tomorrow on the condition that I deal with all the problems (like the rubbish, ‘reassuringly’ described as ‘mostly dealt with’ ). Got to say, my goodwill towards my vendors is wearing really thin.

I’ve responded by saying yes on the condition that the access is not blocked and we exchange today.

This is so stressful!

You have to go and see it! You have the upper hand here, they can pay towards a waste removal service. Where is the agent in all this?

What a nightmare Op. You really need to get over there if you can and see how much of a state it's in. If you've already responded saying you're happy to deal with the rubbish then you're running the risk of them putting their feet up and relaxing now that the pressure is off them sorting it unless you can get them to agree to paying for the rubbish removal/cleaning.

Sounds like they have left it in a right state and the delay is a way to force you to accept that state, so you can exchange and complete.

Of course, you can pull out if you wish - you haven't exchanged yet. You will probably owe the bank some interest, but if it's for a few days I won't be too much.

When house buying and nearing completion, when these annoying things happen, you have to keep sight if the bigger picture and not let the annoying minor things distract you too much. So, if there is a delay of a day or two, or if you get the keys later than you wanted, but you really want the property, then suck-up the annoyance.......in a few weeks you won't barely remember the annoyance of getting the keys later.

Can you ask the vendors to let you go round and see the property today as a condition of proceeding. I might want to look at it and see just how bad a condition it's in before committing. It will probably be annoying but cosmetic and fairly easily sorted and you'll have to swallow it. If however, by chance there are serious issues, I would want to see them before deciding or committing. They could be trying to land you with something atrocious and the fact you agreed to it.

So, on one hand, don't let little things which won't matter longer term distract you,mbut equally don't be so desperate to complete that you accept something you'll later regret. Speak to your solicitor again about issues of agreeing when they've said its inna sate and also the estate agents about going round today for a final check.

If you tell the vendor that you can agree only if you've seen the condition, it might focus their minds to get it a bit more sorted out.

Best of luck and sorry you're having this aggro....not what you need.

Would there because cost implication to you for clearing their rubbish?

If I make exchange conditional on me viewing the property beforehand, there won’t be time to exchange today. If they refuse to exchange and complete tomorrow, there’s nothing I can do and it will cause other problems such as not being able to complete until next week when my mortgage funds can be drawn down again. It has to be tomorrow for completion and i need to tie them in.

It may cost me more money but the property is in a state anyway and I’ve already incurred extra expenses. What irks me is the vendors attitude. Their email was stroppy and implying this is my own fault for wanting to complete early when it was they who suggested the initial date!

Oh well, as you say, you're very keen to get in now, so this is just something you'll have to suck up, even though you shouldn't have to.

If you go onto buy numerous properties during your life, you'll find lots of vendors and sellers do shitty things at the last moment because they know people don't want to pull out. Some people reduce their offer the day before exchange, or sellers move the goalposts.

It sounds like you're expecting to do work anyway, so hopefully the mess isn't too bad. You might need a skip or some trips to the dump to clear stuff left behind, but in the bigger picture, these won't matter so much and the important thing is you'll be in.

Let us know when you've exchanged. Hopefully it's happening right now.

Thanks Wombat. This process has been an education. I had no idea how complicated it would be, particularly with no chain.

I instructed my solicitor to exchange today with completion specified for tomorrow. I haven’t had an email since and their offices will be closed now so I’m still in the dark

The vendor called to say I can collect the keys around 4pm tomorrow although they’ll still be there moving stuff.

Once completion has happened, keys should be available.

I would ask your solicitor and EA to make clear to the sellers that you expect them to vacate by a specified time (perhaps say 5pm or 6 at the latest) - say you need to move in and need sufficient time to do it - it will already be dark and isn't reasonable to still be in there late at night. You do need to enlist the support of your solicitor and the EA here - it is their job! Try not to deal directly with the vendor but via these professional who can back you up and help stop you being taken advantage of. There are a range of times by which people get into properties and delays are not unusual, but people should expect to get out at a reasonable time.

You can get the keys as soon as completion has taken place, notwithstanding what the vendor might say about timings. The property is yours at that point.

As an aside, the lack of communication from your solicitor is really poor.

Keys should be collected from the estate agent. You should not need to see or speak to the vendor in person at any point tomorrow. The vendor should expect to get the keys to the EA and you should make sure your solicitor and EA know that is what you are expecting. So essentially they need to have handed over by the time the EA closes. Even if you agree that they can stay later to clear stuff out, make clear that you expect all other keys to be with the EA as usual and you will collect from there - do not deal directly with the vendor regarding the collection of bulk of keys - if there seems to be a shortage of some missing you want to be able to point that out to EA and them then follow it up. There is scope for too much to go wrong by dealing direct.

Fingers crossed for you OP. Hard lesson learnt for the future!

An online conveyancer is not usually the best way to go, you get what you pay for and yours has been appalling. You were obviously not informed that exchange and completion on the same day is very unusual and you can see by this experience it is not the best way to go. Normal time between exchange and completion is four weeks thus giving everyone plenty of warning to clear their bloody house out

Just wanted to say exactly that but *sunshine' beat me to it - I can't believe that your solicitor never advised you that exchange and completion on the same day is a bad idea! If you exchanged a few weeks ago you'd have had a completion date set in stone and could plan calmly.

you have the upper hand here

You really don’t. You have a fixed deadline to move out of your current home and no fixed deadline for the vendors to move out. They may decide to hang on a bit longer or not exchange (therefore complete) at all. You have no guarantees and the fact they’ve been stringing things along isn’t encouraging. They have you in a pretty tight spot.

I hope your solicitor pulls their finger out. When this is all done I would seriously consider lodging a complaint about how crap they’ve been in terms of counsel and communication.

Good luck

Hope you’ve exchanged by now, OP. I would recommend doing a drive-by recce if at all possible to see what you are dealing with, whether the skip is still in situ and whether access is likely to be a problem.

We are planning to exchange and complete on the same day because the property is empty - vendor lives abroad - and we’ve all been delayed by my solicitor being extremely slow. (Over five months with no chain either side and no issues on surveys or enquiries!) So we’ve all agreed to exchange and complete on the same day because there’s no reason to delay it any further. But I understand it not to be ideal in regular situations where the property is vacant.

Have you exchanged @MarmiteAndMustard? Fingers crossed for you

Hoping the silence means she’s busy with moving!

OP, we hope yesterday went as planned and you are in. Do let us know how it all went when you have time.

Hi all, op here. So, despite me setting a condition of exchange on the Tuesday, by the time I’d seen confirmation from my solicitor, their solicitor had gone home so we ended up exchanging and completing on the Wednesday. I turned up to collect the keys as arranged and the vendors were in chaos, surrounded by loads of their belongings and bickering with each other.

The move itself went fine thanks to the removal company. I adore the house despite it being quite dirty and smelly and in need of updating. The vendors left a room full of stuff in the cellar so pretty much out of the way and have made several trips to collect it, taking the last bits on Wednesday. Not ideal but not the end of the world either.

Moral of the story - exchange well in advance of completion! Thanks all for helping me through a really stressful situation

Glad it’s turned out ok! Enjoy your new home.

So pleased you got there in the end! Enjoy your new home