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To accept more than 3 months between exchange and completion? Vendor is buying a new build...

55 replies

augustusbloom · 13/10/2021 09:26

Hi all

We had an offer accepted on a property at the weekend (yay!) and the estate agent advised that the vendors are purchasing a new build in Jan/Feb '22 when complete, so are looking to exchange ideally in the next 5 - 6 weeks. We saw no issue with that initially and were pleased our offer was accepted.

Fast forward a couple of days and we received an email which confirmed that the sellers will require early exchange and completion around Feb/March '22 (getting later already...) once the apartment is ready, and that we would be 'advised of the completion date by the developer'.

This has made us nervous as we do not want to be handing over a great sum of money saved over several years with no accurate estimate of completion date in sight, basically being at the developer's beck and call. We'd also be losing out on interest on our deposit as it is accruing in our various savings/investment pots. We also have no idea of much notice we would get from the developer, and as we are renting, would need to give 1 months' notice which could leave us out of pocket if their notice is less. We have an estimated date of when the new builds will be ready, but we need to get more of an idea of what stage they are actually at as new builds always tend to run over. Finally, I understand we have to insure the property from exchange of contracts (?), which could mean us insuring for months longer than anticipated. There is also the obvious risk of our mortgage offer expiring.

We are due to speak with our solicitor and get legal advice on all of this, but would also appreciate the hive mind's view on what we see as two broad options:

  1. Refuse to exchange until we have a completion date and/or exchange, but set a fixed completion date

We think that the vendors needs to prove to the developer that they have exchanged before they can 'secure' the property (does this sound right?) and it may lead them to try and find another buyer, but we are struggling to see what sort of buyer would wait around without their deposit and that much uncertainty, especially if they are in a chain? We would suggest that our vendors break the chain and stay with family/rent if the completion date comes and goes and their new build is not ready (likely) but equally we can't imagine them wanting to do this (they are in their 80s)

  1. Agree a reasonable long-stop date with adequate financial cover by the vendor

Agree to a specified date after which we are free to get out of the contract if completion hasn't happened. If we are exchanging this side of Christmas, I would be inclined to make this end of February 2022 as per the new build brochures estimation... any thoughts on this? What happens if this date passes, can you just get your deposit back from the solicitor quickly, no questions asked? I would also be inclined to request that the seller pays for/reduces the purchase price by the amount of insurance we may incur on their property whilst we cannot live in it, and also the month's rent we may end up having to pay unnecessarily if the notice of completion is less than 30 days. If we pull out because of the uncertainty and the sellers are not prepared to budge by moving in with family/a rental, I would also consider asking to be reimbursed for all the legal fees/surveys/searches we have paid for on the basis that the sale would be completed by X date.

Does anyone have experience with either of the above and could offer some advice/guidance?

Separately, what would happen in this scenario if one of the vendors gets sick or worse? They are elderly so this isn't beyond the realms of possibility. I think we'd need a long-stop date for sure not to get burdened with a potential probate (unless we are prepared to go through that process).

Thank you.

OP posts:
augustusbloom · 30/01/2022 19:29

Hello all

I thought I'd give you an update as you were all v helpful and meant I kept going in this process haha.

In summary, after some gaslighting and manipulation by the estate agent (yawn) we got to the point where we had to say "take it or leave it, either we have a completion date and we go forward or you can find your vendors another buyer". All of a sudden they said "the vendors are happy to agree a long stop date of 28 Feb".

So a month's worth of stress and pressure for nothing, basically.

Fast forward to now, we exchanged last week and are due to get formal notice tomorrow (eek!) that we will complete on 16 Feb!

We are super excited but daunted as the house requires a fair bit of work. I'm getting a bit ahead of myself (i.e. what induction hob to go for, a Bora with extractor fan included or another hob with a separate extractor fan?!) but it's great to have the end in sight!

Thanks again and I'm sure you'll see me crop up on all the reno/interior threads from now on!

OP posts:
TulipsfromAmsterdam · 30/01/2022 19:43

My mum reserved her new build May 2021, it was due to complete October. She ended up completing 2 days ago but the exchange date was the day before completion despite weekly conversations stating exchange needed to happen soon. Good thing her buyers were extremely patient.

Online2022 · 08/08/2022 23:25

A long stop isn't a completion date..what happened in the end?

augustusbloom · 18/08/2022 15:01

Hello @Online2022

As set out above after some gaslighting and manipulation by the estate agent (yawn) we got to the point where we had to say "take it or leave it, either we have a completion date and we go forward or you can find your vendors another buyer". All of a sudden they said "the vendors are happy to agree a long stop date of 28 Feb". We exchanged in January and completed on 16 Feb as planned!

Had the place rewired and replumbed with new rads before moving in early March. Now at architect and structural engineer stage, looking to do some work next year and get it ship shape.

About to post about kitchens on another thread...

:)

OP posts:
Pianogirl1994 · 18/05/2024 10:48

Me and my husband are in a similar situation (where our sellers are buying up a new build). We had agreed to a long stop date originally, but solicitors and developers couldn’t come to an agreement…

In the end, our solicitors were able to push for a fixed completion date at the end of August and we finally exchanged yesterday!

If have good solicitors, they won’t let you exchange unless they are sure that your mortgage offer is still valid at the long stop or fixed completion date.

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