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Original poster

Vendor not allowing viewing before we exchange contracts

142 replies

notanotherlockdownsurely · 10/12/2020 06:26

I first viewed in September with an estate agent and again the week later after my offer had been accepted. At the second viewing I met the vendors who sat outside while I looked around.
We're now coming up to exchange with completion shortly after Christmas and I need to measure up for where my furniture will fit ( or not)
The vendors are stating that they are not allowing any visitors due to covid restrictions. ( they are elderly and, of course, high risk)
So what would people advise me to do please?
I want the house but I want to know it's in the same condition as I last saw it before completion.

OP posts:
Grooticle · 10/12/2020 06:58

@Bluntess100

  1. If it’s not in the same condition you would be very unlikely to have any legal comeback however promptly you act. You buy it in the condition it’s in at exchange, and as specified in the documents. So if you’ve seen lovely clean thick carpets, and the contract says you’re getting carpets, the seller could still remove those carpets before exchange and replace them with cheap ill fitting dirty carpets. You’re still getting carpets. You could maybe try to claim damages but it would cost you more in legal fees than the carpets are worth.
  1. The party example was just an example, I’m not saying the elderly couple would have a big party. But anything can happen.
User43210 · 10/12/2020 07:01

Never heard of viewing before exchange. Yes, you buy it in that condition but who's to say that they won't rip the carpets up between exchange and completion and state it was like that before exchange?! Unless you photograph every part of the house.

FreshfieldsGal · 10/12/2020 07:03

Can they not just stay in the garden or an upstairs room while you whizz round with a tape measure? We viewed our current home about 3 times, it was a bereavement sale so the house was unoccupied. We started moving boxes in as soon as we'd exchanged, and spent a day cleaning it out etc before completion.

BefuddledPerson · 10/12/2020 07:03

Dr Google gives plenty of examples of this advice. My solicitor years ago advised it on my first purchase. Would always do it now. I wouldn't buy a car or a secondhand washing machine with a three month gap between viewing and paying, so why a house?

BefuddledPerson · 10/12/2020 07:05

If they pull out of the sale, the reason for not allowing the viewing is not covid/visitors to the house! Because they would need to have more viewings.

yesterdaystotalsteps123 · 10/12/2020 07:08

They've offered to measure up and they're not going to trash the place. It's not just about them sitting inside, you're going inside breathing and touching their surfaces even if you're masked and gloves they're scared of catching a deadly virus and you've been in twice. I think you're being unreasonable

LubaLuca · 10/12/2020 07:12

What sort of changes could realistically have occurred since your last viewing that wouldn't be provable and would be to your detriment? They couldn't pull down an extension or brick up the windows, but could possibly change a light fitting or remove a curtain pole.

Ask them to measure a few things if you need to buy new curtains etc.

Original poster
notanotherlockdownsurely · 10/12/2020 07:13

I think you're being unreasonable

Really? Unreasonable to want to see the house is in the same condition as it was in September before I part with 400,000 in cash?

I think the suggestion of the video call is an excellent one and I'll put that to the vendors today.

Furniture will either fit or it won't and I can muddle through that

OP posts:
ramblingsonthego · 10/12/2020 07:15

The amount of people that will buy the most expensive thing they will ever buy from viewing it only once astound me! I spend longer choosing a new coat!

We have always wanted to view just before exchange. There are strange people out there that will trash a place and remove everything and anything.

If they really won't budge you could ask about a video viewing or you may have to pull out. It depends on what is a deal breaker for you. But you are not unreasonable for wanting a viewing. The advice for years and years has been to view just before exchange. You could ask them if they would be willing to exchange after Christmas, and would they accommodate a viewing then.

BowiesJumper · 10/12/2020 07:16

I can see their point to be honest. What are you concerned will have happened since you last viewed?

BefuddledPerson · 10/12/2020 07:21

@LubaLuca

What sort of changes could realistically have occurred since your last viewing that wouldn't be provable and would be to your detriment? They couldn't pull down an extension or brick up the windows, but could possibly change a light fitting or remove a curtain pole.

Ask them to measure a few things if you need to buy new curtains etc.

Removal of radiators Removal of boiler Leak Other domestic accident Removal of carpets Removal of bathroom or kitchen Broken windows Damage to outhouse Etc. Etc. Etc.
Original poster
notanotherlockdownsurely · 10/12/2020 07:23

What are you concerned will have happened since you last viewed?

That the shower/ washing machine have flooded and brought down the ceiling.
That the carpets have been ripped up / damaged.
That they have had a fire and there is smoke damage

These are not naive people and are actually quite tricky. I hesitated before saying they were elderly as some people assume that age stops people being dicks

OP posts:
MarthaWashingtonsFeralTomcat · 10/12/2020 07:23

We have always, always been advised in strong terms to view immediately prior to exchange. So have our buyers (we've bought and sold 4 times and I moved twice that I remember with my parents). It could have burnt down for all you know. Amazed that others aren't told this. Pretty basic conveyancing I'd have thought.

You also need to get home insurance from the date of exchange so not unreasonable to need to see again before insuring so you don't inadvertently give wrong info.

BefuddledPerson · 10/12/2020 07:24

I hesitated before saying they were elderly as some people assume that age stops people being dicks

100% agree with this. I am not ageist and therefore believe there are utter shits in all age groups.

PegLegTrev · 10/12/2020 07:28

@Jenifirtree

Is it really standard to view a house before exchange?
Yes and recommended as it’s at that point the transaction becomes binding. The vendor is responsible for any damage between exchange and completion - the property should be in the same state as at exchange on completion. If you haven’t viewed the property for a while you wouldn’t know if the state and condition had deteriorated.

I have viewed a property before exchange, after tenants have left and also an unoccupied property which had previously had a leak which had gone unchecked so wanted to ensure nothing similar had happened.

Original poster
notanotherlockdownsurely · 10/12/2020 07:28

I am not ageist and therefore believe there are utter shits in all age groups

This

I just knew that the moment I said that the vendors were elderly I would have comments regarding their age and the fact that they wouldn't be having wild parties

OP posts:
PegLegTrev · 10/12/2020 07:29

@notanotherlockdownsurely

What are you concerned will have happened since you last viewed?

That the shower/ washing machine have flooded and brought down the ceiling.
That the carpets have been ripped up / damaged.
That they have had a fire and there is smoke damage

These are not naive people and are actually quite tricky. I hesitated before saying they were elderly as some people assume that age stops people being dicks

It’s not naive OP and is quite sensible. I’d say that you wanted to check the state and condition on your solicitors advice (it will be in their report on title that they recommend an inspection before exchange). Rather than measuring up which I can understand they might be more reluctant to allow you.
Eve · 10/12/2020 07:30

Surely after exchange they could still have a big party and replace carpets etc? There are normally some weeks to go til completion.

LubaLuca · 10/12/2020 07:31

"Removal of radiators
Removal of boiler
Leak
Other domestic accident
Removal of carpets
Removal of bathroom or kitchen
Broken windows
Damage to outhouse
Etc.
Etc.
Etc."

Those things could happen after exchange.

My point is, these things aren't less likely to happen because the op goes round for an hour on Friday. If the owners do do something stupid, there'd be comeback.

queenatom · 10/12/2020 07:32

I’m astonished that so many people would be comfortable exchanging without a final viewing! My sister asked to view again before exchanging and was told by the vendors that she couldn’t - when she moved in it turned out that a damp issue had developed in the living room in the time since she had viewed and they didn’t want her to see it. It would always leave me wondering what they were trying to hide...

ScrumptiousBears · 10/12/2020 07:34

Wasn't there a post years ago about this where the seller wouldnt let the buyer go back and have a look and it turned out the kitchen had been removed (or similar) 🤔

PegLegTrev · 10/12/2020 07:34

@Eve

Surely after exchange they could still have a big party and replace carpets etc? There are normally some weeks to go til completion.
Yes but they’d be in breach of contract and OP would have some legal recourse.
queenatom · 10/12/2020 07:35

You also have to insure from exchange so presumably you will need to check that the representations you are making about the state of the property are correct? Or is everyone else taking notes when they go to view before offering of the type of locks on the doors and windows?

Original poster
notanotherlockdownsurely · 10/12/2020 07:35

I’d say that you wanted to check the state and condition on your solicitors advice

Yes good advise thank you.
I'll forget the measuring up and just keep my fingers crossed

I think I may have given them a get out by asking to measure up. My fault entirely but I'll try to right that today. I've decided I won't proceed if I'm prevented from viewing again before exchange

OP posts:
TriangleBingoBongo · 10/12/2020 07:37

@ScrumptiousBears

Wasn't there a post years ago about this where the seller wouldnt let the buyer go back and have a look and it turned out the kitchen had been removed (or similar) 🤔
This happened to a client of a colleague of mine. Without a kitchen you can’t secure a residential mortgage (property is classed as uninhabitable without a kitchen). Lender was informed, they refused to release funds. This meant the buyer was in breach of contract so liable for fees. The vendor had been repo’ed and was in negative equity. A series of errors that shouldn’t have happened.
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