Buyers/Sellers Exchange waiting room new thread

[thoughtsofmoog3]

I noticed the last one was full, so here we go!

Hello to the newcomers and welcome back to those who are still working their way through the joys of house buying/selling.

We have exchange and completion dates penciled in but some hold ups with the solicitors. I'm getting daily emails and calls from the estate agents bugging me as if I'm the issue (I'm not). If they carry on much longer I'm going to drag my heels for no other reason than I can (I won't).

This purchase has been a headache from beginning to end because of the sellers.

That is so not normal.

I would be very wary as you don’t even know 100% what he could have in the garage or whether he really will return to empty it. He’s a CF - should have arranged to come back in August to empty it before Exchange of Contracts.

@Knownoone That does sound potentially risky. I would be asking about a retention for a month to cover the cost of you clearing the garage if the owner has not done so by a specified date. I’d also think about some sort of compensation for the fact that you can’t use the garage until it’s cleared. From the date of completion it’s yours so you could charge him rent.

I agree about retaining some money from the Seller - held by your solicitor - until he has come back & emptied his garage completely.
I would discuss it more with your solicitor.

The solicitor says they have no such clause, if the seller doesn't vacate it becomes a civil case and they won't be involved in civil case. Did tell the EA that we won't exchange and complete until we get the keys of the garage but she was extremely rude and said that is not possible until the seller travels back to UK in September. The seller is not comfortable giving the garage keys to anyone since he has his personal stuff in it hence we can't see it until he comes back to UK. The EA has been more than pushy for us to withdraw, wondering why?

The solicitors cannot put that clause in the agreement :(

@Knownoone can he not post the key? Sorry probs a daft suggestion!

He says no access to the garage without him. He will only give access to it to view when he is in UK :(. He has some extremely private stuff in it. Why would someone keep extremely private stuff in the garage

So dodgy. I wouldn't be happy with this situation at all.

I'd pull out of the sale. It sounds like it's potentially illegal (in which case ask the EA if it's worth contacting the police) or at very least very very grim (porn collection).

He shouldn't have put it on the market if he was planning on being out the country for a significant amount of time!

@Twiglets1 Yes and the EA thinks I am being unreasonable and this is fairly common. She kept making believe that I am being impossible and I could withdraw if I want to.

I wonder how many EAs have cost people sales. My sellers one has made me want to pull out several times in the process.

It's not normal at all and the EA knows it.

The owner needs to come back to the UK to sort his shit out.

@Overlycautiousbynature Yes I have been holding my ground and patience but she is extremely rude, insulting and unprofessional. Hopefully this gets sorted or we are back again in the market searching for another property.

Oh god that doesn’t sound great! Maybe post on the legal board here or even on Reddit and see if there’s any suggestions - sounds like a nightmare for you 🥴

His solicitor needs to tell him that vacant possession means just that. He either gets the garage cleared or take the house off the market until he has done so.

This doesn't help you, but why are his lawyers not being firm with him?

Sadly I think you should walk away. My DD rented a house with a garage in the garden and wasn't allowed to use it. That was bad enough as a renter, but you can't buy without full vacant possession.

I did tell them I will walk away, which I seriously decided to do and stated booking viewing for other houses. The EA called again and trying to sort out. He was logical and understood that what we are asking is reasonable, the lender won't release funds until it is vacant possession and we have all the keys with us. He is trying to sort this out. Fingers crossed.

Not sure what the seller's solicitors are doing, maybe he is paying them and hence they are talking his language. The ball is in their court now, either they sort it or I go for another viewing on Sat :)

Hello All, The update is as follows, the EA got back to us, he has given us 2 options,

1. Complete post the seller travels back to UK, around 1st week of September.

1. Keep a retention money of £750 pounds, which the seller will give us, and return this money to seller once he clears our the garage. The latest he can clear is by 10th September post which we can dispose off his stuff using the retention money. This would be an agreement between the sellers and ourselves and the solicitors won't be involved.

The issue we have is that we need to vacate our current house by end of Aug and was hoping for exchange and completion by end of Aug so that we can get the Asbestos clearance post the exchange and then move in on the completion date, not sure which option to take.

Counter with end of August complete and exchange, seller clears out the garage prior to this or you will be changing the lock/door of the garage on your property. If he can't clear it out himself he arranges for someone else to do it for him or he returns from his travels early enough to facilitate completion at the end of the month.

You've been more than patient (and say this to them)

Redirect them to your solicitors after this and refuse to engage further. House search in the mean time, you're in a good position to walk into a purchase on a more suitable property.

You'd need to check with your lender/broker about the £750 as many won't allow it as it can be seen as bribery/backhander etc. It's not allowed anyway.

The Estate agent has suggested this solution, not sure what to do.

Speak to your solicitor and broker. The broker will refuse it and let your solicitor deal with any and all responses going forward.

If you take the £750 and there are no solicitors involved whose to say the seller won't be even more of a tosser later down the line?

My offer to them would be complete and exchange at the end of August, whatever remains at the property will be disposed of, keys not required because you will be changing the garage door. If they can't agree to this you'll be walking away from the sale.

Oh carsnores, it's a nightmare isn't it? It's going to be so bloody expensive as well.
I had thought of Airb and b actually and I guess once August is over, it should be cheaper.