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Original poster

Delay to completion

82 replies

RidingMyBike · 19/05/2022 14:33

Had our offer accepted on chain-free house in early March. We're in rental so also chain-free. We emphasised wanting to get on with purchase and were all set to get thru in about 6-8 weeks taking us to late April/early May (we sold in 4 weeks last year so thought this reasonable- we've both bought houses previously and it took 6-8 weeks). It then emerged via our solicitor digging around that our seller needed to wait for probate to be granted on the property he is buying. He advised this would take an additional 4-6 weeks, taking us to end May.

Ok, so accepted working to end May date, survey, searches etc all satisfactory. Probate taking longer but seller then says he will move out into temp accommodation so we can still go ahead for end May completion.

Got exchange paperwork signed this week, exchange happening next week. Seller suddenly announces he doesn't have time to move out before end May(?!), then has a three week holiday booked(?!) so now can't complete before end June.

We're really annoyed. This was the first mention of the holiday. Also worried the goalposts keep shifting. I'm trying to get a date at end June set for completion but can he keep changing it/pushing it back? Even once exchange has taken place? He's elderly widower (don't know how elderly?) and want to be understanding as it's obviously a big move for him, but we do need to get on with it. The house is in quite a state and will need building work before we can move in. He didn't have that much stuff in the house when we viewed - minimal furniture, not much 'stuff' around.

OP posts:
AlloftheTime · 19/05/2022 14:54

Sorry not able to help but posting solidarity
waiting to exchange and complete for a few myself and I’m getting antsy about it all. Buying from a separated couple and having mixed messages.

I hope you get a firm answer soon.

Bubbles456 · 19/05/2022 15:24

Honestly it sounds like your vendor is pushing his luck. He may be elderly and going through change but so are you - especially as you have renovations to complete before you can move in.

I am also waiting and waiting for exchange (4 months since offer accepted) and have just lost it on the phone to the EA. I don't know if it will have any impact but regardless it felt good to let it out.

Original poster
RidingMyBike · 19/05/2022 16:37

Oh dear, not you too @Bubbles456! Although solidarity CakeBiscuitCakeBiscuitFlowersGinGinGin

I have just emailed both solicitor and EA to ask for a date set at end of June but reiterating how disappointed we are, we were told blah blah etc and would prefer it if completion a lot earlier than that! I think the EA had already pushed vendor re the moving out into temp accommodation when the probate issue kept going and going. Have pointed out there isn't much in the house to move and vendor is already leaving all of his appliances for us to dispose of!

The email from the EA I responded too had assured me we were ready to complete as soon as our solicitor is ready!

I then popped to Sainsburys for lots of chocolate.

OP posts:
Chakraleaf · 19/05/2022 16:43

We are still waiting since end of Feb. No chain either side :(

Original poster
RidingMyBike · 19/05/2022 16:44

As I understand it, a completion date is set at exchange so he can't wriggle out of it after that without problems.

I am being paranoid about him pulling out or trying to delay exchange happening on Monday.

The CHAPS transfer for the deposit is already with our solicitor ready for Monday!

OP posts:
Original poster
RidingMyBike · 19/05/2022 16:47

Good grief, what's holding yours up @Chakraleaf? It sounds like you're a week or two ahead of us in having offer accepted

OP posts:
Twiglets1 · 19/05/2022 18:13

When you exchange you agree the date for completion and that is legally binding so he can’t change it.
The situation sounds very annoying but you will be able to get a date at the end of June written into the contract at Exchange

IrisVersicolor · 19/05/2022 18:14

Just get the exchange over the line as soon as you can. Once you’ve exchanged and a completion date has been agreed, further delay is a breach of contract, and you can claim interest at a rate specified in the contract until completion happens.

Original poster
RidingMyBike · 19/05/2022 19:18

Thank you! It's good to know he would be in breach if he did go past whatever we end up agreeing for exchange.

Really don't want it hanging on longer than it needs to - the renovation work is stuff to make the house safe before we move in (dodgy chimney stack, rewiring, tiles coming off roof, rodent infestation). We were going to do additional stuff like solar panels/kitchen/bathroom at the same time and have builders lined up ready to quote as soon as we complete. Getting worried about getting the work done before our tenancy ends in September with the problems getting materials etc at the moment.

OP posts:
LauraNicolaides · 19/05/2022 19:26

This is why you have a solicitor! You'd be better asking your solicitor who is fully aware of the transaction and the contract you've signed.

Original poster
RidingMyBike · 19/05/2022 21:12

It was the solicitor who rang this morning with the sudden news about the vendor's holiday?! We haven't exchanged yet (was planned for next week with completion the week after) although all the paperwork etc is ready for it.

Having got hold of the EA it sounds like the vendor hasn't actually done anything at all about moving out and is now claiming not to have enough time because of the holiday.

OP posts:
AlloftheTime · 20/05/2022 08:12

@RidingMyBike thats so frustrating at this stage isn’t it? Is there any mileage in your solicitor going back and asking them / him to reconsider as he had previously stated temporary accommodation was an option. Anecdotally it certainly seems that more people these days have stories of being messed about late in a purchase.

fingers crossed

Wiseflower · 20/05/2022 12:57

We have been through similar. As mentioned in posts here.. that the contracts are exchanged with the date has set in stone!

The Vendor is not in breach for changing the completion dates if it is before exchange of contracts. He can even decide not to sell even though the contract may be signed.

It is once the contract has been Exchanged between the two parties - he would be in breach if he tries to change anything after the point of exchange.

It is a huge life change to some people and if they change the dates, it does not matter. House selling and buying needs tons of patience because it is a major upheaval and a lengthy legal process.

Good luck
.

LauraNicolaides · 20/05/2022 13:04

I'd still recommend talking it through properly with your solicitor.

They're the only person in the transaction on your side, that's what you pay them for. And unlike any of us they do these transactions day-in-day-out, they deal with agents, vendors and purchasers all the time, so they'll have have a better sense of how best to play it.

Original poster
RidingMyBike · 20/05/2022 19:28

Solicitor has gone back to vendor's solicitor with the date we've suggested for completion (with exchange on Monday). We've said it's no later than x date so we'd prefer an earlier completion date and we aren't prepared to go later than that. Haven't heard anything more yet, so still no idea whether we're exchanging on Monday! Have also reiterated all this to the EA. Going to get buildings insurance quotes just in case we are.

We are rather stuck though. Only choices are to pull out or to go ahead with whatever the vendor thinks he wants. I think the EA would advise him to proceed as we're in excellent position, house needs a lot of work etc but can't help thinking vendor may have cold feet about selling.

Met our new neighbours today - they are also renting and have been trying to buy here for a year. Been gazumped twice and had one sale fail to proceed!

OP posts:
Original poster
RidingMyBike · 20/05/2022 19:33

@AlloftheTime we have no idea what the temporary accommodation is he suddenly announced a few weeks ago that he'd move into to allow the sale to proceed. He's only waiting for probate to be granted on his onward purchase so could just be moving in with a relative, rather than taking out a tenancy.

It sounded like he hadn't done anything about decluttering or packing despite knowing we wanted to complete at the end of May. And is now claiming he doesn't have time to do this. There was no interest in using a decluttering, house clearance or packing service!

OP posts:
Madcats · 20/05/2022 19:46

My mum died recently(ish) and we were 'given' probate certificates to demonstrate that we could/would do what we asked banks/solicitors to do as executors.

Getting granted probate took us a hellish 18 weeks for a very very simple will/estate.

Ask to see the certificates.

Original poster
RidingMyBike · 20/05/2022 20:04

@Madcats about a month ago he offered to move out into temp accommodation before probate granted on his onward purchase to allow our purchase to proceed. We thanked him and confirmed we wanted to go ahead still for end May.

So the probate shouldn't be affecting it unless he's decided not to move into temp accommodation.

OP posts:
Candleabra · 20/05/2022 20:08

I didn’t think you could complete on a house sale without probate. Until then it’s not his house to sell.

Original poster
RidingMyBike · 20/05/2022 20:11

It's not probate on the house we're buying. It's probate on the seller's onward purchase. So he'd offered to move out of his house(the one we're buying) to live somewhere else temporarily whilst he waits for probate, so that our sale can go ahead.

OP posts:
Candleabra · 20/05/2022 20:21

I see. Sorry. Yes I’d be really annoyed too.

cutebutscary · 20/05/2022 21:35

@RidingMyBike to be honest I'm jealous !! We have been waiting to move into our new home since agreeing a sale and onwards purchase ( neither one a chain ) since last November ! Sellers keep changing their minds about onwards purchase and it's been exasperating and extremely stressful at times . We have all still managed to stay on friendly terms and accepting that these things happen. If we move by the end of June it will be a miracle . Think yourself lucky !

Original poster
RidingMyBike · 21/05/2022 08:24

Oh gosh that sounds really frustrating @cutebutscary. Would they be prepared to move into a rental in order for things to get going? Are they struggling to find something or do they keep changing their minds? Do you think they're committed to the sale? I'm worried our seller is having second thoughts.

Ours has actually been going on since September but because it was a long distance relocation for work we had to move and go into rental to get to new city for a certain date. The house we moved out of sale completed in December and we then started viewing somewhere to buy. We're now almost eight months into a hideously expensive tenancy agreement (v little available to rent when we needed to move) surrounded by boxes we haven't got room to unpack and really need to get the house we're buying completed asap as it needs building work before we can move into it.

OP posts:
cutebutscary · 21/05/2022 10:45

@RidingMyBike you actually could be our buyers!!! They've been wonderful, sold their home , moved here , went into rented to put themselves in a good position to be chain free and are buying ours. Both us and our buyers have done everything we can to move it along . Our vendors just keep changing their minds about what they want to buy . Currently on property number three for them. They say they are committed to selling but we are all hoping third time lucky !! The whole process of buying and selling in the uk is awful . I wish we had the system Scotland has in place because you can't mess people about with it . I hope we both get to move before the end of June @RidingMyBike but ours certainly isn't looking too hopeful and the only way I think you can get your vendor to shift is by issuing an ultimatum, there is no reason he can't , it costs approx £300 extra to pay for the removals to pack for you. It's all such an emotional nightmare isn't it !!

Wiseflower · 21/05/2022 12:22

RidingMyBike · 20/05/2022 20:11

It's not probate on the house we're buying. It's probate on the seller's onward purchase. So he'd offered to move out of his house(the one we're buying) to live somewhere else temporarily whilst he waits for probate, so that our sale can go ahead.

It appears the seller's house sale does depend on the probate of his onward purchase. It seems a complex chain of events that you had to go through and the same with the seller's onward purchase. Solicitors would need to make sure their side is absolutely okay before a major transaction and moving house happens.
The Seller has to make sure his onward purchase probate went through. If there were problems, he would be stuck in a tenacy rental arrangement too, which I am sure at his age, he doesn't want to take the risk.
He must be serious about his house sale but wants to make sure right before he is out of his house and home. Hopefully, his side of purchase will reach the completion date soon.