Seller's Contract

rattleitshakeit · 2023-04-26T10:44:34+00:00

I put on offer in on a house. Tenant is due to leave in 2 days. The seller has still not sent the contract pack and it's been 2 weeks now. Although he has given solicitors details to mine. I thought it would be a quick sale! I'm way ahead with searches started mortgage offer etc. Is this normal? Anything I can do to speed things up, it's really irritating me and I'm starting to worry something is wrong.

violetpixie · 26/04/2023 21:08

To start searches the solicitors need to have received the draft contract pack beforehand.

I think it is normal timings I'm in same situation as you 2 weeks in yesterday, had another sale fall through where draft contract took over 3 weeks!

Blankscreen · 26/04/2023 21:10

You don't need to have received draft contract to do searches. They are done online using the property address and postcode.

Usual practice dictates that you don't incur the cost until papers are received.

I suspect the seller doesn't want to incur costs until the tenant has gone and they are sure the sale can proceed.

Original poster

rattleitshakeit · 26/04/2023 22:20

I got a call from the EA saying that the tenant has requested another month in the property, after I asked for another viewing on their supposed leaving date.

I insisted that I be told if the tenant is not leaving. The EA said he would tell me if that were the case and it doesn't matter because all my searches aren't back yet and the tenant will be out by the time they come back.

I hope this is true. Is there any way I can ask for proof?

The sellers are meant to be the ones who served notice l, but now they are waiting for carpets to be laid apparently. This was said I asked for a reason the tenant and her 2 children are staying another month.

A

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KievLoverTwo · 26/04/2023 22:31

rattleitshakeit · 26/04/2023 22:20

I got a call from the EA saying that the tenant has requested another month in the property, after I asked for another viewing on their supposed leaving date.

I insisted that I be told if the tenant is not leaving. The EA said he would tell me if that were the case and it doesn't matter because all my searches aren't back yet and the tenant will be out by the time they come back.

I hope this is true. Is there any way I can ask for proof?

The sellers are meant to be the ones who served notice l, but now they are waiting for carpets to be laid apparently. This was said I asked for a reason the tenant and her 2 children are staying another month.

A

Yes. Ask for a copy of their new lease agreement.

Original poster

rattleitshakeit · 26/04/2023 22:33

Would they say this is against data protection blah blah blah though?

As usual they wanted to speak over the phone. However they did put in an email that tenant is due to move our 28 April.

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Original poster

rattleitshakeit · 26/04/2023 22:34

Correction the tenants were apparently the ones who served notice.

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Original poster

rattleitshakeit · 26/04/2023 22:37

From what I can gather it is a mother with a teen and a baby. I was told that the seller had decided to put it in the market after the tenant served notice.
Today I asked why they served notice and the business partner EA said it was because she wanted somewhere bigger and the delay is because of carpets being laid.

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catinthesunshine · 26/04/2023 23:56

Personally I wouldn’t want to spend money on searches until they have vacant possession.

Original poster

rattleitshakeit · 27/04/2023 00:55

I know. I have already payed for them and have started it now.

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KievLoverTwo · 27/04/2023 03:36

rattleitshakeit · 26/04/2023 22:33

Would they say this is against data protection blah blah blah though?

As usual they wanted to speak over the phone. However they did put in an email that tenant is due to move our 28 April.

They might, but as it is only a few days away now, I would book an appointment for the day after the tenant is due to move out. Tell them you need to measure up. Make sure tenant has gone.

Fit new carpets in a house that they are going to hand over to someone else in a few months? Who the hell spends thousands of pounds so that complete strangers have nicer carpets? That sounds fishy as hell to me. If they really are doing that, I would be worried they are trying to tart the house up in order to put it back on the market and get more money for it.

TheTeenageYears · 27/04/2023 03:38

There are no guarantees a tenant will leave on the day they are expected to regardless of who gave notice - ultimately if they decide to stay there's nothing that can be done immediately to get them out. The seller is sensible to wait for tenants to vacate before doing anything on the sale front which will incur costs, the same goes for you as a buyer.

Original poster

rattleitshakeit · 27/04/2023 08:27

@KievLoverTwo this is exactly what ai did! Then they had to phone me and say the landlord is allowing them to stay for another month due to carpets not being laid in their other rental.

I have a mortgage offer started searches.

I said I would like to know if this is a tenant that won't move out but they said it's just because of carpets etc

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Original poster

rattleitshakeit · 27/04/2023 08:30

TheTeenageYears · 27/04/2023 03:38

There are no guarantees a tenant will leave on the day they are expected to regardless of who gave notice - ultimately if they decide to stay there's nothing that can be done immediately to get them out. The seller is sensible to wait for tenants to vacate before doing anything on the sale front which will incur costs, the same goes for you as a buyer.

Yes and I have incurred costs already as I believed their possible lies.

Apparently seller is send contract pack today.

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Original poster

rattleitshakeit · 27/04/2023 08:33

To clarify the tenant is waiting for carpets to be fit in her new rental and is extending tenancy until end of May.

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KievLoverTwo · 27/04/2023 08:40

rattleitshakeit · 27/04/2023 08:33

To clarify the tenant is waiting for carpets to be fit in her new rental and is extending tenancy until end of May.

Well that sounds more plausible. It's really hard to get tradesmen ATM so that causing a delay seems less fishy.

Original poster

rattleitshakeit · 27/04/2023 08:42

That's a bit more of a relief then!

I just don't want my mortgage offer to run out!

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Mildura · 27/04/2023 10:21

rattleitshakeit · 27/04/2023 08:42

That's a bit more of a relief then!

I just don't want my mortgage offer to run out!

Most mortgage offers have a 6 month life from the date of issue, so if you're only a couple of weeks in to the application process you should have plenty of time

Original poster

rattleitshakeit · 27/04/2023 10:44

Hopefully.

I just want to try and find out if the tenant is definitely moving out and it won't be a whole court order thing.

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Bodgejobvendors · 27/04/2023 10:53

Why did you even offer on a house without vacant possession if you want a quick sale?!

The seller clearly isn’t prioritising a quick sale. You need to tell them you’ll pull out of any further extension is given to the tenants.

Mildura · 27/04/2023 10:59

A fairly straightforward freehold sale can easily take 10 weeks to reach exchange.

It's not unheard of for some sales to go through to exchange in 5 -6 weeks, but they are in an incredibly small minority.

Original poster

rattleitshakeit · 27/04/2023 11:11

Bodgejobvendors · 27/04/2023 10:53

Why did you even offer on a house without vacant possession if you want a quick sale?!

The seller clearly isn’t prioritising a quick sale. You need to tell them you’ll pull out of any further extension is given to the tenants.

I took them at their word, as they said the tenant had served notice.

Yes I think that is a good idea saying about any further extension.

I was told he wanted a quick sale too!

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