To withdraw from the sale or not?

[MotherOfRatios]

Maybe asking the question suggests it's time but hey! Open to suggestions.

I went under offer in June 2024 it was hard to get a slot for the mortgage evaluation but I figured that's normal because it was summer. In November I discovered the sellers solicitors had been off sick and almost no work had been done on the file the estate agent was reluctant to step in and say c'mon sort it. The seller is older and not the type to push as she struggles with the tech of everything (EAs words). We had an issue with the survey as well. December comes we have exchange and completion dates for January.

The EA was reluctant to let me have a pre exchange eventually a face time viewing happened the seller was not packed or packing up 2 weeks ago

On Friday I was notified our completion wasn't happening and further up the same and me decided on the 31st I checked with the EA she said she's fine but it's not convenient and I thought you're lying, the EA have a habit of lying.

The 10th of February has been floated around but my mortgage offer expires on the 31st and it can't be extended the bank have said no.

My head says pull out due to the impact on my mental health (I'm not sleeping etc) but my gut says Im best to put a new application in as there's nothing this cheap and that ticks my boxes on the market in London.

But if anyone has any wisdom please share!

If you have exchanged contracts then it is not as easy to just 'pull out'. You may be liable for financial penalties including the sellers legal fees etc.
You need to get tough with the EA and the solicitors and tell them you have to complete by the 31st.
I am like a dog with a bone when buying a house and I will not bloody drop it. After having a few house sales fall through due to down right lazy EA's and solicitors, I got to the point where I was chasing every other day or so. I'm sure they thought I was the most annoying person in the world but they sure did pull their socks up and push it through on my timelines!

We haven't exchanged that's another problem the sellers side isn't bothered. I ring everyday and they hear it's me and put the phone down on me

I'd contact your solicitor and instruct them to advise you have to exchange and complete by 31 Jan as your mortgage offer expires after that date. If the exchange/completion doesn't take place by 31st, you'll have no option but to withdraw from the transaction.

You'll not be bluffing, merely stating facts.

Like @RoastPotatoConnoisseur im absolutely tenacious when house buying. In other aspects of life im pretty unassuming and don’t like to make a fuss, but this is the exception. I would hound everyone, estate agents, solicitors and make it very clear that your mortgage is running out and if you can’t sort it asap you’re pulling out. Given that you are genuinely thinking of doing so, it isn’t even a bluff, so you may as well have one last ditch attempt at leveraging it.

So my solicitor has done that and the EA has suggested redoing the mortgage application as that's what their in house solicitor has advised

At this point in my comms I cc my solicitors and the sellers solicitor as well as assistant into emails and it's still not budging

Oh and the sellers solictor is off sick again

I don't think they actually want to sell and their estate agent is useless, dishonest and happy to mess you around to keep you hanging in there. I think you may need to pull out here to protect yourself and have some closure as it doesn't look as if this purchase is likely to happen.
Are you also selling yourself? Have you posted about these problems before?

Sorry, I read that as you exchanged in December with completion dates for Jan 🤦🏼‍♀️
In which case I would totally start threatening to pull out if they don't start moving. Is the sellers solicitor part of a firm? If so, they should be picking up the slack.

No I'm a FTB

Yes I CC them into emails the council have on several occasions let me solicitor draft things where the sellers solicitor has been unresponsive

Tell them your circumstances have changed and that you wouldn't get a mortgage offer if you had to re-apply. Therefore regretfully unless you complete by Friday you will be unable to finance the purchase.

That probably makes it more straightforward as you aren't affecting other people if you do make the decision to withdraw. What is your own current living situation, ie is it tolerable or not? Either way, it probably doesn't make a difference as I don't think they want to sell or can't get their act together at all.

I was thinking of emailing the sellers solicitors director of conveyancing I'm aware they can't respond but it might cause an impact internally

I was renting landlord evicted us so I'm currently doing a 2 hour commute 2-3 times a week which is tiring and expensive but I can't find anything to rent

You must have the patience of a saint putting up with this and it's none of your doing.
I think you need to ruffle some feathers otherwise this could go on til summer and the house prices may increase further whilst you're holding on for forever.

Flats are tanking in value so I don't have that worry thankfully. There's just hardly anything in my budget range in London

I feel like I've been patient, I could be in a work meeting but I excuse myself to take the call, I'm not sleeping (seem to be getting 3 hours, only 1 hour if I'm commuting)

My solicitor is going to push for exchange on Monday haven't sent my deposit I was wanting to wait until I knew for certain will I get it back if I decide to pull out and we haven't exchanged or will I still loose my deposit?

Solicitors rarely do conveyancing, its usually done by legal executives / paralegals or much more junior staff under supervision, someone at the office can do it.

Her case assistant is a tad more proactive and was the one who suggested the 31st

If you really want it say

Complete by 31st or you will reoffer a lower price based on any mortgage increase and added costs as your deal expires!

Thanks for this, it's something I'll put on the table.

Also, posting a letter to the seller

I'd have pulled out when they refused a second viewing.

Even if you get them to complete by Thursday (spoiler alert- your went!) you haven't send inside the property since June! Caveat emperor OP- buyer beware.

Pull out and find a property where the seller genuinely wants to sell.
I'm sorry you've been messed around so badly. 😔

You could definitely try this and then state that your offer is reduced by a certain % or you pull out.

I suspect it won't work though because of what I said yesterday.

Unfortunately, your living situation sounds like a total pain. Is it a 2 hour commute each way? Having said that, if flat values are 'tanking' where you are, and I agree that housing generally is likely to continue to fall (especially after the SDLT increase), you may find something better if you wait.
Good luck!

If you pull out then the finger can be pointed at you. I would do nothing, let it play itself out naturally, then you can't be blamed.