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Original poster

Disposal of seller stuff post exchange

58 replies

Knownoone · 02/08/2023 11:57

We are close to exchange and completion, 1 query pending and then they will decide the exchange date. Our solicitors informed us that the seller can only clear the garage of this house once he is back in September (he has relocated to Canada) which would be post exchange and completion. Our solicitors cannot guarantee this and this is an understanding between us and the seller. We haven't even see the garage from inside since the keys are with the seller who is in different country. Please advise if this is normal. Any advice/suggestions would be greatly helpful.

OP posts:
HouseIsOnFire · 02/08/2023 12:14

Could you ask for funds to be held in escrow until it's cleared, to cover your costs if he doesn't follow through?

Depending on what is in there/how much is in there it could get expensive if you start needing a skip/specialist waste (old fridge, paints etc)

I'd also want written confirmation from seller that if it's not cleared by X date then he relinquishes it to you - otherwise you might be stuck storing it for ages!

Personally, I'd be very nervous buying if I'd not even seen inside - surely he could courier the keys to the EA/a relative

Boomboomboomboom · 02/08/2023 12:15

Not normal, especially not seeing inside the garage.
You could have an agreement that it is cleared by x date but it is worrying you won't have keys.

If I was a solicitor I'm not sure I'd advise you to complete if you haven't got vacant possession, unless you do a side agreement licensing the garage back to the vendor on a daily/weekly basis and for a charge.

Vermin · 02/08/2023 12:19

Rather than a licence back of the garage (expensive to document and no guarantee they’ll vacate anyway, plus legal process to pursue if they don’t vacate at end of lease), the retention from price to cover disposal plus hassle factor if it’s not fully cleared by x date would be my preference. Needs to be large enough to make it worth their while to do the work / cover your costs / new locks for garage if they don’t by the set date. That gives you the built in solution/ cover nearly mechanic. I’d suggest £5k. It might sharpen their focus.

KievLoverTwo · 02/08/2023 12:35

I would want to see inside the garage before exchange. Personally, it's an important storage area for me with expensive gardening and BBQ equipment, so I would want to be assured that it's in good condition before committing to the purchase.

Get him to courier the keys. He should then arrange for a man with van to put the contents into storage before completion.

If that's point blank refused, take pause, and ask yourself why.

Original poster
Knownoone · 02/08/2023 12:48

KievLoverTwo · 02/08/2023 12:35

I would want to see inside the garage before exchange. Personally, it's an important storage area for me with expensive gardening and BBQ equipment, so I would want to be assured that it's in good condition before committing to the purchase.

Get him to courier the keys. He should then arrange for a man with van to put the contents into storage before completion.

If that's point blank refused, take pause, and ask yourself why.

Not sure why the seller is acting completely pricey. He is just not budging or accommodating on any of the solutions. The only reason we are continuing is because it is the house in the location we want :(. I have written to my EA asking her for the keys.

OP posts:
Original poster
Knownoone · 02/08/2023 12:49

KievLoverTwo · 02/08/2023 12:35

I would want to see inside the garage before exchange. Personally, it's an important storage area for me with expensive gardening and BBQ equipment, so I would want to be assured that it's in good condition before committing to the purchase.

Get him to courier the keys. He should then arrange for a man with van to put the contents into storage before completion.

If that's point blank refused, take pause, and ask yourself why.

Thanks, have proposed the same to my solicitor,

OP posts:
KievLoverTwo · 02/08/2023 13:00

Knownoone · 02/08/2023 12:48

Not sure why the seller is acting completely pricey. He is just not budging or accommodating on any of the solutions. The only reason we are continuing is because it is the house in the location we want :(. I have written to my EA asking her for the keys.

Show quote history

The balance of showing enthusiasm for a property so your offer is likely to be accepted versus letting on that it is exactly what you need is a tough one. I never want to tell vendors or EAs that it's perfect, if they think they have an advantage over you (i.e there is bugger all choice out there), they will use it.

Anyway, wanting to see a garage you are buying is not unreasonable. Wanting possession vacant of objects is also not unreasonable. Your vendor is taking the piss. Hold tight.

Original poster
Knownoone · 02/08/2023 13:07

@KievLoverTwo Bang on. He hasn't accepted any of our requests until date. I understand we are close but might back out if he pisses us any further. It is the buyers market and he is forgetting that. Also the house is no where perfect with Asbestos and all the work it needs to get done. The only reason we are buying is for the location which might not be appealing to others as it is no where close to perfect.

OP posts:
Laughingravy · 02/08/2023 13:13

I would not be happy not to have seen the contents, there's a vague chance you could be left with some explaining to do regarding the contents. It might be cheaper to get a locksmith to change the lock that wait for vendor to send a key and it will be at your convenience not theirs.

Original poster
Knownoone · 02/08/2023 15:05

Laughingravy · 02/08/2023 13:13

I would not be happy not to have seen the contents, there's a vague chance you could be left with some explaining to do regarding the contents. It might be cheaper to get a locksmith to change the lock that wait for vendor to send a key and it will be at your convenience not theirs.

The seller is not giving us access stating he has personal stuff in it :(.

OP posts:
MissCherryCakeyBun · 02/08/2023 15:08

Maybe a closet serial killer?

In all seriousness he can get the locks changed on a garage cheap as chips then the keys can stay with the agents or his solicitor once you have seen what's there.

Ylvamoon · 02/08/2023 15:15

Knownoone · 02/08/2023 15:05

The seller is not giving us access stating he has personal stuff in it :(.

Show quote history

Does he actually want to sell the house/ garage?
I'd be looking elsewhere. Sounds like it could be a never ever situation.

Original poster
Knownoone · 02/08/2023 15:15

MissCherryCakeyBun · 02/08/2023 15:08

Maybe a closet serial killer?

In all seriousness he can get the locks changed on a garage cheap as chips then the keys can stay with the agents or his solicitor once you have seen what's there.

He says access only in his presence. No access without his presence.

OP posts:
KievLoverTwo · 02/08/2023 15:21

Knownoone · 02/08/2023 15:15

He says access only in his presence. No access without his presence.

Show quote history

Tell him to send a representative he trusts and that this is not negotiable.

Are you prepared to walk away from this purchase?

The guy sounds like a right c**t.

Original poster
Knownoone · 02/08/2023 15:23

@KievLoverTwo He won't give the keys to anyone. We have been insisting for the keys from the start but this has been going round in circles. We don't want to walk away but if left with no resolution will surely do :(

OP posts:
Meeting · 02/08/2023 15:25

Tell him to put his crap into storage like anyone else would have to.

To be honest if you go ahead, once you own the property you can change the locks on the garage anyway and call the police if there's anything dangerous in there.

Twiglets1 · 02/08/2023 15:25

Knownoone · 02/08/2023 15:23

@KievLoverTwo He won't give the keys to anyone. We have been insisting for the keys from the start but this has been going round in circles. We don't want to walk away but if left with no resolution will surely do :(

I think ultimately you may have to do this, or at least threaten to do it and mean it. He is being a twat!

KievLoverTwo · 02/08/2023 15:26

Knownoone · 02/08/2023 15:23

@KievLoverTwo He won't give the keys to anyone. We have been insisting for the keys from the start but this has been going round in circles. We don't want to walk away but if left with no resolution will surely do :(

Shrug. Maybe it's his sex den. Or he's got chemicals or something illegal in there.

Really depends on how much you NEED this house rather than want it.

If it's a want rather than a need, it's a falling market, other stuff will come up, and it will be cheaper, so he needs to back down.

I'd get my solicitor to write a letter to their solicitor saying access to garage for viewing must be granted within 7 days or my client is pulling out.

A letter. A scanned bloody signed letter, not an email. Someone goes to that level of effort they are deadly serious. An email is easy peasy to fling out.

Original poster
Knownoone · 02/08/2023 15:27

Meeting · 02/08/2023 15:25

Tell him to put his crap into storage like anyone else would have to.

To be honest if you go ahead, once you own the property you can change the locks on the garage anyway and call the police if there's anything dangerous in there.

I haven't even see the garage once :(, what if he puts legal case on us if some of his items are lost.

OP posts:
Original poster
Knownoone · 02/08/2023 15:27

@Twiglets1 Yes we would have to eventually walk away.

OP posts:
civetcat · 02/08/2023 15:29

He might not want you to see the physical condition of it - or make sure he's there so he can give you the reason for any problems. Given the house has asbestos, the garage could be affected by this as well, or have lime drips/concrete cancer, which could be expensive/a nuisance to fix.

Original poster
Knownoone · 02/08/2023 15:30

@KievLoverTwo Yes makes sense, doing that now.

OP posts:
Plankingplanks · 02/08/2023 15:30

He could be storing drugs/guns/a dead body/stolen goods in there!! Or maybe he has a cannabis factory in there using all your power!

No way would I agree to this. I know this seems extreme but stranger things have happened.

If that is the only way you can agree the sale I'd definitely be getting some money kept back and charging a substantial rent

Plankingplanks · 02/08/2023 15:32

Also I agree, once you own the property you could just go in there anyway as long as you have been told it is vacant possession. Personally I think this may make me pull out as its hardly transparent

MNetcurtains · 02/08/2023 15:34

HouseIsOnFire · 02/08/2023 12:14

Could you ask for funds to be held in escrow until it's cleared, to cover your costs if he doesn't follow through?

Depending on what is in there/how much is in there it could get expensive if you start needing a skip/specialist waste (old fridge, paints etc)

I'd also want written confirmation from seller that if it's not cleared by X date then he relinquishes it to you - otherwise you might be stuck storing it for ages!

Personally, I'd be very nervous buying if I'd not even seen inside - surely he could courier the keys to the EA/a relative

This would be my approach. Withhold enough funds to have it completely emptied by a contractor. I would also be concerned at any asbestos with regard to the garage, or do you already know that the garage is the asbestos issue?