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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:

Original poster

RidingMyBike · 21/05/2022 14:56

Yep, it's awful dealing with the system here @cutebutscary! Our vendor is downsizing into a retirement property but there was not much furniture in the house anyway - one sofa, 4 beds, a table and chairs and a desk and chair. An under stairs cupboard and a shed that needed clearing but otherwise not much around. He's leaving behind all the kitchen appliances, including microwave. So could easily have got in a house clearance company, then paid for a removal company to pack what was left. This is why we're worried he's not committed to the sale as he's not made any moves to actually get on with moving out. The end of May date had been agreed verbally for weeks, but we're still not even sure when we're exchanging!

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Original poster

RidingMyBike · 21/05/2022 15:03

@Wiseflower we don't know if he was going to take on a tenancy agreement - he could be moving in with family temporarily. He was the one who offered to do this.

He (and/or the EA?) hasn't been honest though - we were told at the viewing that there was no onward chain and he already had a place in a retirement village 'sorted'. We double checked this when we put in our offer. It was only when our solicitor started digging around that he found out about the probate. We were told by the EA last week that we could complete as soon as we liked once exchange was ready, which it is. Then suddenly the vendor can't move in time and has a 3 week holiday booked (first time this was mentioned!).

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Wiseflower · 21/05/2022 19:25

It is the most stressful time and all sorts of doubts and speculation adds to the stress. You were lucky to sell so quickly but then again, you rented instead of adding to the chain.
I can tell you that I know several people have waited about 5 - 9 months.
It is a busy time and legal stuff have to be thoroughly checked.

While it is still chugging along, your seller is entitled to a holiday (destress perhaps). Your seller wants to make sure he has secured the house he is buying too...it is a slow process , let it take it's course.
You will get the house but not the time you want it because the house you want is in a chain. Adding pressure on yourself and others adds to the stress.

Seller wants to move out and you want to move in. It will happen.

Original poster

RidingMyBike · 22/05/2022 14:23

@Wiseflower but it's all very well saying it'll happen in due course but every additional month adds to our costs, our vendor hasn't been honest with us so far so we have lost trust in him/the EA.

We've done this before - it's the third time we've bought a house, once together and once separately before we met. We have always been careful with choosing sellers and buyers to keep it as simple as possible (we have also rented before to be chain-free) and all of these so far have gone through in 6-8 weeks. We'd anticipated longer this time but 4-5 months for a property that is supposedly chain-free is ridiculous.

I would love a 3 week holiday to destress but sadly I'm now having to cancel the leave booked for completing the purchase at half term, then rearrange various things at work in case we end up completing at the end of the month. The vendor's unannounced 3 week holiday is causing us no end of hassle and cost which could have been avoided if they'd just communicated. I am now getting quotes for buildings insurance which we may or may not need this week as we have no idea if we're exchanging yet, and also going through our tenancy agreement to check we can keep it going past the end of the term as it looks like we'll go past that point now.

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WalkingInTheAir13 · 22/05/2022 14:40

When I first read your post, I was under the impression you had exchanged contracts.

Therefore, it would follow that you had an agreed completion date.

If this is not the case, I regret to say that you're in a very vulnerable position.
I don't want to spook you but at this stage, the vendor could pull out without any penalty.

You need to exchange as soon as possible with an agreed completion date. Good luck!

Original poster

RidingMyBike · 22/05/2022 15:25

Yes @WalkingInTheAir13, that's right, and we're getting worried that the vendor is going to pull out with all the faffing around he's been doing. The stats for the sales that have fallen through before exchange in the last year are horrifying!

Tomorrow is meant to be the exchange date, all the paperwork is in place and the deposit with the solicitor. So I suppose we'll know tomorrow whether this purchase is going to happen or not.

We've got our property alerts still set up so we could resume viewings if necessary.

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Fossiltop · 23/05/2022 06:24

Good luck @RidingMyBike

LadyDP · 23/05/2022 08:10

Such a cliche.
"I will move into temporary accomodation" yeah right.....
We had this years ago, Seller not in a chain, accepted our offer then we find ourselves in a hideous chain he had created. Sellers and Buyers should be forced to take a lie detector test when they offer/accept.
Elderly widower who hasn't had time to move out (or even arrange to move out?) but can manage to organise a holiday?......

None of this is helping you but offering moral support. I think you need to be very careful with this elderly widower, is he getting cold feet? (Moving out could be a massive wrench if it was the marital home) I think I would try to set another date for exchange on xx June with a view to a date for completion on xx June. Having actual dates rather than vague "end of June" may help him to focus and it might be a reality check for him. I think you also need to find out more about his plan for temporary accomodation. Is he planning on simply staying with cousin Maud or taking on a legitimate Tenancy (AST)/going to lodge in a house? This might give you some idea as the latter takes more time/planning. Does he have anybody to help him with his move?
My Sister bought a house and had to drive the Seller to the Solicitor and arrange house clearance for the Seller to move the purchase along.
Good Luck

Paranoidandroidmarvin · 23/05/2022 10:21

I vowed never to move again last year. Fingers crossed for u today

Wiseflower · 23/05/2022 16:43

LadyDP, good advice for the OP here.
Sorry, I'm not much help but please keep us posted.

The government should make House buying/selling in England to be the same as Scotland. We would not have this dreadful unsurety and non-event in England:
"If the seller’s solicitor issues an ‘unqualified’ acceptance, the sale becomes legally binding immediately
If the seller’s solicitor issues a ‘qualified’ acceptance, this means the offer is accepted subject to certain conditions. In this case, the sale becomes binding only when your solicitor has accepted those terms through a missive to the seller’s side"

Original poster

RidingMyBike · 23/05/2022 18:24

We haven't exchanged today. The vendor's solicitor isn't responding to ours. Solicitor has asked for a date we've suggested at end of June for completion, which we've also told the EA.

I suppose the other solicitor could have Covid. Or Monkeypox. Or something. Or maybe it'll emerge the solicitor has gone on holiday for 3 weeks, to overlap a bit with the vendor?!

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AwkwardPaws27 · 23/05/2022 18:33

RidingMyBike · 23/05/2022 18:24

We haven't exchanged today. The vendor's solicitor isn't responding to ours. Solicitor has asked for a date we've suggested at end of June for completion, which we've also told the EA.

I suppose the other solicitor could have Covid. Or Monkeypox. Or something. Or maybe it'll emerge the solicitor has gone on holiday for 3 weeks, to overlap a bit with the vendor?!

Don't give up hope yet - out buyer went AWOL on exchange day, didn't transfer any funds, no one could find them. Half a dozen people in the chain above us, not fun!

They resurfaced after the weekend, transferred the funds and we exchanged and then completed without any further hitches.

We never got an apology or explanation though (so I drank the bottle of bubbles I'd planned to leave them as a gift 😅).

Wiseflower · 23/05/2022 19:37

I'm sorry to hear you did not exchange. It is very unlikely it is the solicitor. It would be unprofessional of them and am sure they would not jeapordise the sale.
I think it must be someone in the chain, someone who is not ready, not got their finances sorted or other and is holding everyone up.

Original poster

RidingMyBike · 23/05/2022 19:51

@AwkwardPaws27 oh crikey why do people do things like that?! I cannot imagine leaving so many people hanging like that with no explanation.

@Wiseflower well, it's either the vendor's solicitor not getting back to our solicitor or the vendor not getting back to her. In which case she could have updated our solicitor to say the vendor is ill/needs to delay/wants to change the date/hasn't replied!

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Original poster

RidingMyBike · 23/05/2022 20:03

Thank you @LadyDP! We don't even know how 'elderly' the elderly widower is. That was the description from the EA! The vendor is moving into one of those over-55s retirement housing places so he could be anything between 55 and 100! He's definitely still fit enough to go on a 3 week holiday, walk the dog and climb the stairs at home. It would be hilarious after all this if he turned out to be younger than my DH!

We've tried to tread carefully as don't know when he was widowed and I think it must have been the family home. There is a son around at least (who seems to own some of the house - perhaps inherited from the wife/mum?) but obvs no idea how old or around he is. He could be younger than me or considerably older!

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Wiseflower · 24/05/2022 07:07

I thought the Seller was buying a Probate property and waiting for probate to go through?

You also mention later that Seller is moving to a residential house for over 55.
Which one was it in the end?

Original poster

RidingMyBike · 24/05/2022 08:15

Yes, it's a retirement property for over-55s which needs probate.

As far as we're concerned seller is moving into temp accommodation - we haven't been told otherwise. So the waiting for probate doesn't affect us. It remains to be seen whether the seller has been honest about this!

OP posts:

Wiseflower · 24/05/2022 18:49

I would have thought it would be too much for an old person to move household twice just because the probate is slow. He is not incapable but nonetheless, he is an old person.The upheavel of house, to a temp. accommodation while he waits, is madness. A younger person no problem but older you get, the health problems take its toll. It is stressful for you, it must be the same for him.
It is unfortunate the situation is this for you he has to wait for probate. His solicitors are doing things by the book to keep their client safe.

It is know that these things take many months with probate involved.

IrisVersicolor · 24/05/2022 19:55

He needs family to help him really.

Wiseflower · 24/05/2022 20:17

Yes hope he does have family nearby and hope he gets good advice.

Probate can add months to a property sale. I bet he was not aware how much was involved when he put the house up for sale, especially if he has been there many years - it is a massive upheavel.

A contracted residential home with a probate is not a good choice.

It is a shame that the Seller had been swayed into buying such a property.
If I were him, I would never contemplate moving to a temporary home inbetween moving homes - with all your years of stuff in the house to sort between moves - It would be a bl**dy nightmare

Original poster

RidingMyBike · 25/05/2022 07:12

There wasn't years of stuff in the house. It was minimally furnished, there weren't any books, ornaments, knick knacks etc. There was one shelf of computer games. It looked very spartan!

More solicitor chasing today!

OP posts:

Wiseflower · 25/05/2022 08:22

This reply has been withdrawn

This message has been withdrawn at the poster's request

pigwood · 25/05/2022 11:02

Have you had any ( good ) news @RidingMyBike ? I hope you have an idea of a date now

Original poster

RidingMyBike · 25/05/2022 14:24

No news yet. Our solicitor and now the EA are chasing the seller's solicitor who hasn't returned any of their calls so far this week. Apparently the seller's solicitor only works mornings so that's it for today anyway.

We're not really in a position to issue an ultimatum of the 'if we don't exchange by this date we're pulling out' type thing as there is literally nothing else suitable on the market and hasn't been for months. We need a house within walking distance of DD's school which really limits things. So it'd be a choice between staring at Rightmove and sitting around waiting for eternity for this seller.

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AlloftheTime · 25/05/2022 16:14

@RidingMyBike 🙏

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