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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:
canigooutyet · 11/12/2020 12:42

Lol isn't that standard when you don't bother to read T&C's, when shit goes wrong blame someone else. Grin

FootprintsInTheDew · 11/12/2020 13:14

Isn't the point really that it might be a clause in a contract, but it isn't standard advice to buyers? There's a difference. The contract states that particular clause, but unless I've missed something (perfectly likely!) it doesn't advise buyers to inspect a property at exchange, advising would be down to the solicitor or conveyancer. Have to say, its never been suggested to me to do it.

Wherehavetheteletubbiesgone · 11/12/2020 14:00

@IndecentFeminist

I've never heard advice to view close to exchange. In probably upwards of 10 transactions.

So you're not unreasonable to ask, they're no unreasonable to say no...even without covid.

That surprises me it is the general advise to view (i did it on exchange day) and take photos as you are committing to buy the house in the condition on exchange day be that with water leak or new damage or not. The vendor could simply say any damage occurred before exchange and you wouldn't know having legally committed to buying the house. It amazes me how many people here havent done this. Most of my friends who have brought visited in the week proceeding exchange.
Wherehavetheteletubbiesgone · 11/12/2020 14:06

[quote MatildaonaWaltzer]@PegLegTrev this thread shows that most of your clients have not read the standard conditions they sign up to! It’s extraordinary.
I suggest a look at today’s thread “angry vendor doing scorched earth” for what can happen to the house after you’ve viewed it[/quote]
Indeed that thread should be a wakeup call for those saying they never do a pre-exchange viewing. Seriously some people are simply looking to be taken advantage of and don't do anything to protect themselves.

PegLegTrev · 11/12/2020 14:10

@FootprintsInTheDew

Isn't the point really that it might be a clause in a contract, but it isn't standard advice to buyers? There's a difference. The contract states that particular clause, but unless I've missed something (perfectly likely!) it doesn't advise buyers to inspect a property at exchange, advising would be down to the solicitor or conveyancer. Have to say, its never been suggested to me to do it.
I suspect it was a sentence in your report on title, a document very very many pages long.
Mildura · 11/12/2020 14:10

The other thread is more of a concern for what might occur, rather than something that has actually happened.

PegLegTrev · 11/12/2020 14:12

Exactly and it’s ok saying “well I didn’t and it worked out ok for me” well that was fortunate and I’m sure with the vast majority of conveyances that’s the case. But if you’re one of the very few (and I’ll admit I haven’t come across many in my career, so I’m not suggesting it’s common) the majority of MN’s saying it worked out ok for them will come as no consolation when you’re facing a loss of thousands of pounds.

FootprintsInTheDew · 11/12/2020 14:44

If it's such an important part of the buying process, why aren't so many buyers told to do it? One legal clause in a very long document is perfectly likely to be missed. Surely the person undertaking the conveyancing should be telling buyers to do this, as standard. So in much the same way as all the other advice they give you throughout the process? I've bought and sold perhaps 10 times, but have never been told to inspect at exchange. It's never even been mentioned. That strikes me as multiple failings by conveyancers and solicitors, I've used both.

PegLegTrev · 11/12/2020 15:03

Or more likely, as I’ve already said, you’ve missed it in your reports.

As they say, you can lead a horse to water... there is a whole host of information to relay in a conveyancing transaction and as I’m sure you’re aware streams of paperwork. Generally speaking as long as it is relayed, that’s our job done. It’s not our job to force someone to read something.

PegLegTrev · 11/12/2020 15:05

Also I didn’t say it was such an important part but is something that is advised and I’ve explained why. I’ve not at any point said it’s pivotal, but that it’s advised and I’ve explained why. In much the same way it’s advisable to have a survey. Our job is to advise not preach or force action. Once we’ve done that the book is passed and the decision lies with the client.

FootprintsInTheDew · 11/12/2020 15:22

Will have to agree to disagree. You've said yourself 'we’re there to guide them through and summarise for them'. So many of us have never been guided to do this additional step. And many people wouldn't understand that clause you linked to as meaning that you should view in advance of exchange. It's a bit like patients signing a consent form, the risks ought to be explained in straightforward language verbally.

PegLegTrev · 11/12/2020 15:38

I’m not expecting clients to read the special conditions, I shared that as that particular clause is why the advice is necessary. Hmm

We provide the information, it’s up to clients what they do with it.

I know from experience that many of you will have been advised but will have known better, perhaps because you have consulted the experts on MP and thought better of it.

PegLegTrev · 11/12/2020 15:42

I obviously cannot assert that people have been given advice, you might be right and not have been advised. Though I suspect it’s unlikely. I can only share my own experience and expertise as to why the advice, should it have been given or even in the absence of it, is sound.

I think OP has her answer now. So I shall step aside. I just find it so infuriating when self confessed experts spout their opinion and present it as a fact.

Shadowboy · 11/12/2020 18:56

I’m about to exchange. It clearly says that I should confirm the property is as I am expecting prior to exchange. My solicitors report in black and white.

midgebabe · 12/12/2020 14:56

One can confirm it's as seen previously either by visiting, which I have never known anyone do, and I am middle aged, or by asking the vendor " can you confirm.... ", It's a bit vague as advice goes.

Daphnise · 12/12/2020 17:29

I have never viewed a house on the morning of exchange, and as a seller I'm not sure I'd permit such a thing had there been previous viewings.

anniegun · 12/12/2020 17:39

Vendors understandably don't want more viewings as you might spot something that would put you off the house or lead to a reduced offer. However you can insist as long as you are prepared to follow though and not exchange unless you have another viewing. Covid is a convenient excuse as there are plenty of ways to reduce their risk . You should offer to be gloved and masked.

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