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Buyer has entered property pre exchange and started renovation

548 replies

Iwishiwasjoking · 08/05/2024 21:30

We were supposed to exchnage last week, then yesterday, now the proposal is exchange and complete tomorrow, all delays on buyers side told its mortgage company releasing fund.

property was vacated last week, but I removed the last items yesterday. Went back this evening to do a meter reading. Garden dug up, carpets ripped out, all windows open, lights on.

I am so shocked I have no idea what to do now …technically is burglary … but if this sale falls through I have a much less saleable house …

and before you ask how has he got in, there was a lockbox with keys in that the estate agents have been using … so either they’ve shared the code with him or he’s watched them and then let himself in.

OP posts:
LT1982 · 13/05/2024 16:53

Iwishiwasjoking · 08/05/2024 21:30

We were supposed to exchnage last week, then yesterday, now the proposal is exchange and complete tomorrow, all delays on buyers side told its mortgage company releasing fund.

property was vacated last week, but I removed the last items yesterday. Went back this evening to do a meter reading. Garden dug up, carpets ripped out, all windows open, lights on.

I am so shocked I have no idea what to do now …technically is burglary … but if this sale falls through I have a much less saleable house …

and before you ask how has he got in, there was a lockbox with keys in that the estate agents have been using … so either they’ve shared the code with him or he’s watched them and then let himself in.

If the agents passed on the code, report them to the ombudsman. This is shocking. I work on conveyancing and have never come across this!

Whilst technically they have trespassed and carried out criminal damage, pursuing that will leave you in a worse position.

Tell them you require immediate exchange to rectify this situation and if theyre waiting on confirmation of mortgage funds they can exchange for completion in a week "or earlier by agreement"

Major CFs

PercyJackson · 13/05/2024 16:56

LT1982 · 13/05/2024 16:53

If the agents passed on the code, report them to the ombudsman. This is shocking. I work on conveyancing and have never come across this!

Whilst technically they have trespassed and carried out criminal damage, pursuing that will leave you in a worse position.

Tell them you require immediate exchange to rectify this situation and if theyre waiting on confirmation of mortgage funds they can exchange for completion in a week "or earlier by agreement"

Major CFs

I mean, the original post was nearly a week ago, exchange happened the next day as per the OP's posts, so probably not a lot to be gained from her now demanding immediate exchange, or in a week.

LT1982 · 13/05/2024 16:56

Iwishiwasjoking · 08/05/2024 22:22

I emailed them straight away too. They negotiated a price reduction when they saw the state of the carpets without furniture last week!

This will be the reason mortgage funds were delayed then as the new price will need to be reported to the lenders and a new mortgage offer issued.

Also CFs for getting price reduced for condition of carpets when they were ripping them out anyway!!!

PineappleTime · 13/05/2024 17:15

LT1982 · 13/05/2024 16:56

This will be the reason mortgage funds were delayed then as the new price will need to be reported to the lenders and a new mortgage offer issued.

Also CFs for getting price reduced for condition of carpets when they were ripping them out anyway!!!

No they weren't. The reduction is to cover the costs of new carpets, obviously.

CustardySergeant · 13/05/2024 17:15

LT1982 "Also CFs for getting price reduced for condition of carpets when they were ripping them out anyway!!!"

But they wanted a reduction because the condition of the carpets was such that they would have to rip them out and buy new! Other posters have pointed this out too btw.

SoupDragon · 13/05/2024 17:16

LT1982 · 13/05/2024 16:56

This will be the reason mortgage funds were delayed then as the new price will need to be reported to the lenders and a new mortgage offer issued.

Also CFs for getting price reduced for condition of carpets when they were ripping them out anyway!!!

There's literally nothing cheeky about wanting a reduction for something you are unexpectedly going to have to replace due to their condition.

LT1982 · 13/05/2024 17:20

SoupDragon · 13/05/2024 17:16

There's literally nothing cheeky about wanting a reduction for something you are unexpectedly going to have to replace due to their condition.

Well in my opinion it is cheeky- especially leaving it so late in the process that the seller is basically forced to agree

SheilaFentiman · 13/05/2024 17:59

LT1982 · 13/05/2024 17:20

Well in my opinion it is cheeky- especially leaving it so late in the process that the seller is basically forced to agree

OP stated several days ago that the reduction wasn’t just for carpets but for another fault that only became apparent when the furniture was moved… it sounds like neither the Op or the buyer knew this before (possibly a patch of damp or a crack in the wall or damage to panelling)

Eddy0987654321 · 13/05/2024 18:01

OldPerson · 10/05/2024 19:48

I would not let it slide. It does not sound right, under any circumstance.

Absolutely NO WAY let this slide.

Your worst nightmare is that they trash the property, pull out the sale, then through a third con person, renegotiate a cheaper sell.

Get evidence, make it legal by reporting to police and solicitors tonight.

i) Complete a 111 online police report TONIGHT - be very specific and non-dramatic. "We are due to complete on this property tomorrow, however it appears that the buyer has broken into the home and vandalised the property." You are just covering your back (for legal and insurance purposes) by stating that your permission was not sought or granted.

ii) Email your solicitor TONIGHT. He will act quickly because a criminal act is occurring. Both solicitors will also be motivated to get the completion sorted asap.

iii) Ask your soliticitor to email them first thing accusing them of tresspass and vandalism, with accompanying photos, and state if the completion does not occur by midday tomorrow, you will be holding them criminally liable.

iv) Be at the property 7am with phone (for film evidence it's them who have trespassed the property). Politely but firmly insist they (or their contractors) leave the property until the sale has been completed. You can be polite and friendly, just insist they leave until the sale is complete. Just keep repeating "Under legal advice, please leave the property now".

v) You DO NOT want them to allege that you verbally agreed to this - and that is what it "may" look like if you do nothing.

And then go get some counselling or life coach lessons. Being "nice" to people does not mean they will be "nice" to you.

They are behaving criminally and you have a solicitor, who you are paying for this house sale. If you're ever going to grow a back bone and stand up for yourself, now might be a good time to try it. You've all got too much money invested in this property.

Bloody hell, wind that neck in suggesting counselling or a life coach.
You need the life coach. Arrogant much?

L26 · 13/05/2024 19:30

So wrong of them. I think you’ve done all the right things.
not quite the same as they didn’t enter the house but when we sold my late grandfathers home the new buyers began working on the garden before completion. It upset me as I was so sad to see the house go I went to sit in his beautiful garden the night before completion to find others peoples stuff everywhere. I found it quite insensitive and thoughtless. It’s a shame some people are like that.

Yawnfest79 · 13/05/2024 20:01

Crikey, glad to see you got a good outcome here - it smelled fishy, especially exchange and completion same day as it’s a dodgy thing they do to force you to reduce price. My parents experienced similar and some dodgy estate agent laundering type thing a few years ago!

Cityandmakeup · 13/05/2024 20:17

This is a huge insurance issue. They burn your house down- you let them in unless you can prove otherwise.

Turtletunes · 13/05/2024 21:16

I wouldn't ever allow estate agents unsupervised access to keys/property if I could avoid it nowadays, because of an experience my friend had. Her house was on the market and she went abroad on holiday for a week. She quite reasonably left keys with the estate agent for viewings while she was away and when she came back, she slowly came to realise someone had been staying in her house while she was away.
There was no major damage or anything, but she thought that her belongings had been moved and wondered if she was going a bit mad. However, when she looked at her phone bill, she saw that calls had been made from her landline while she was abroad.
It turned out that a temp at the agency had helped himself to the keys to her house and moved in for the week while she was away! She complained to the agency and the police obviously, but there was sweet FA done about it and no consequences for the temp as far as I recall.

FatAndFiftySomething · 13/05/2024 21:34

Bloody hell @Turtletunes that is outrageous. And no consequences?

SillySausage53 · 14/05/2024 13:09

Woah! That is really bad hopefully you complete tomorrow and it won’t be your problem anymore but wow, the entitlement of some people is astounding

Purplebunnie · 14/05/2024 13:14

I really hate making a thread longer than it should be so for anyone else coming on here

OP HAS COMPLETED AND EXCHANGED THE HOUSE IS NO LONGER HERS, THERE IS NO LONGER AN ISSUE

CustardySergeant · 14/05/2024 13:35

SillySausage53 · 14/05/2024 13:09

Woah! That is really bad hopefully you complete tomorrow and it won’t be your problem anymore but wow, the entitlement of some people is astounding

You have an apt username.

AllPrincessAnneshorses · 14/05/2024 20:11

Iwishiwasjoking · 10/05/2024 20:20

blimey i didn’t realise they still made woodchip … *bringing back 80s child nightmares here

Woodchip is holding all the plaster on my 19th century walls. It's ok?💁

FatAndFiftySomething · 14/05/2024 20:57

I’ve got woodchip, I don’t know why people hate it so much really.

Thexwife · 15/05/2024 23:52

if you don’t exchange tomorrow get a locksmith out and tell estate agent they are paying for it.

NoBinturongsHereMate · 16/05/2024 00:34

Check the date, @Thexwife. And the OP's posts.

LT1982 · 18/05/2024 09:42

SheilaFentiman · 13/05/2024 17:59

OP stated several days ago that the reduction wasn’t just for carpets but for another fault that only became apparent when the furniture was moved… it sounds like neither the Op or the buyer knew this before (possibly a patch of damp or a crack in the wall or damage to panelling)

Regardless my opinion is as stated. Why does it bother you so much as to make a patronising reply 🙄

SheilaFentiman · 18/05/2024 09:58

What was patronising about clarifying the point?

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