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Original poster

Is it possible to move in before completing the sale/purchase?

17 replies

ALbigbump · 06/12/2021 07:12

Hello you very wise folk. We are at the end of our tether with our purchase. (Broke the chain and living in campervan/Airbnbs for over 3 months, were told we’d complete by 12th Nov but solicitors in the middle have been non responsive for the duration) we need a home before Xmas, our vendor is apparently ‘desperate’ to move but refuses to break the chain, but would move out between exchange and completion. As we’re fast approaching Xmas, I was wondering if moving between exchange and completion is possible with some sort of indemnity insurance. Is anyone aware if this is an option? Thanks

OP posts:
GU24Mum · 06/12/2021 07:50

It's a huge risk for the seller so it's very unlikely his/her solicitor will advise against it. I know that's not the response you wanted, sorry.

flowery · 06/12/2021 07:52

If the vendor has said they’ll move out, does that mean they’ve offered to let you move in? That would be foolish for them if they have offered, massive risk for them.

rrhuth · 06/12/2021 07:53

I can't see how, either.

Have you considered telling your vendor that you will withdraw if the exchange is not done this side of Christmas? Would you be willing to push it like that? Because it seems you are bearing all the pain!

SSOYS · 06/12/2021 07:54

Yes , you can move in as a renter. It’s high risk for the seller as you could obviously refuse to move out and refuse to complete, so they may resist the idea but worth suggesting.

Megan2018 · 06/12/2021 07:57

We did, but it was unofficial-our builder let us move in to our (new build, but local builder-non estate) house before it was ready. The rest of the chain below completed, but we didn’t have building control sign off. We lived in our new house that was not insured, didn’t have an official address etc for 3 weeks.
I’d never recommend it! It was hellish, but we had nowhere to go when they overran as we had animals (indoor and outdoor) to move.
We had exchanged though, but not completed.

WheelieBinPrincess · 06/12/2021 07:58

We were told no because of squatters rights etc.

We were also told before Christmas, we are on week 20 with NO CHAIN. it’s been a complete farce. We will probably be in a Premier Inn with a 12 week old baby for Christmas as we have to get out of our rented flat.

Original poster
ALbigbump · 06/12/2021 08:21

@WheelieBinPrincess that’s shit. The process is awful. Hope you get some positive news today. We have to be out of our Airbnb on Sat. We’ve threatened to pull out if they don’t commit to an exchange date by cop today to complete by 21st. I have no faith in anything moving. We initiated threats a week and a half ago and still no comms from solicitors

OP posts:
witsendeverytime · 06/12/2021 12:40

I stayed in airbnbs for 8 weeks this summer and the house I was buying had been empty since April. It was a no go in terms of moving in after exchange - much more common for sellers to rent back off new owners but even that's risky (I let a seller do that as I was going to rent out the flat anyway, but my lawyer didn't like it one bit).

TakeYourFinalPosition · 06/12/2021 12:51

It's a no-go, legally. Our buyer asked us to move between exchange and completion a few weeks ago - our solicitors said they wouldn't be able to represent us in the sale if we did so. It creates a mess of legal obligations and agreements. Even allowing them to store their things there a few days before was a nightmare.

We did eventually move and everyone just about met their timescales - but the threats in the chain did nothing really, both the solicitors and the estate agent said that everyone had heard them before, so they made no difference.

I'm 38 weeks pregnant and we did suggest that if we weren't done within two weeks, we'd have to delay things until after the baby was born, and even that only got lip service and the solicitors asking us to confirm if we were officially withdrawing.

I do hope it comes together for you.

InTheLabyrinth · 06/12/2021 13:26

Yes.
My grandmother had sold her house, and then died before exchange. The chain below completed, and the purchasers moved in, as tenants. There was no mortgage complication tho. They rented for about 6 months the before probate was granted and they could complete the purchase.

Roselilly36 · 06/12/2021 13:30

@InTheLabyrinth

Yes. My grandmother had sold her house, and then died before exchange. The chain below completed, and the purchasers moved in, as tenants. There was no mortgage complication tho. They rented for about 6 months the before probate was granted and they could complete the purchase.
Very risky, did your solicitor not advise of the potential implications of doing this?

Most Vendors, would not allow this under any circumstances.

Usually you cannot collect the key until the solicitor has called the EA to say that funds have transferred and the key can be released.

InTheLabyrinth · 06/12/2021 14:04

It was done with the full agreement and knowledge of the solicitors.
The house had to be sold or rented. It couldn't stay empty.

Phillipa12 · 06/12/2021 14:18

I moved in and rented my house whilst I purchased it. The house was empty and I was being made homeless with 3dc so I asked and vendor was happy as long as I paid the going rates rent wise. I had my solicitor draw up an agreement that if the sale fell through that I would vacate the house within 8 weeks, leave as I found it and make the house available for viewings prior to that. I rented it for 3 months before the sale exchanged/completed.

Heronwatcher · 09/12/2021 07:49

Yes it is possible, it’s high risk for the seller but I know people that have done this- but the alternative was that their buyer would pull out completely. After exchanging contracts I would think the risk to the seller would be minimal as if the buyer didn’t move out the seller could keep the deposit and use the money to evict the buyer in the unlikely event they didn’t either complete or move out. I’d probably make the arrangements privately if I were the buyer though as I don’t think a seller’s solicitor would find it easy to get comfortable with this.

Fleur405 · 09/12/2021 11:13

In theory yes if everyone agrees but as a seller I’d never agree to this is a million years - seller basically takes all the risk in this scenario.

RedToothBrush · 09/12/2021 11:15

In theory

In practice every good solicitor would tell both parties to run for the hills at the suggestion.

emmathedilemma · 09/12/2021 11:29

I sold a flat and the buyer moved in before we completed. I'd relocated so wasn't living there, she was relocating for a new job so needed somewhere to live, and there was a delay due to needing to extend the leasehold before her mortgage could go through. We exchanged contracts and into that was written something about her basically being able to live there and we agreed a rental charge until we completed. It worked out fine - she got somewhere to live and I didn't loose my buyer.

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