Completion date Thursday - house not cleared

[SparkyUK]

So we are supposedly completing purchase on Thursday (our buyer has yet to agree to exchange but that's another story. She promises tomorrow is the day!) The house we are buying is a probate sale that is full of a 100+ year old man's personal belongings. We were told it would be sold vacant and a company has been hired to clear it. We have seen over the past 4 months that the furniture of value has been cleared, but we went by today and peaked through the windows and letter box and all the junk is still there. And it is a lot of junk.

We've had builders in to quote on refurbing and one included the cost of removing all the remaining stuff and it was a couple of thousand pounds. Eek! We obviously don't want to have to pay to do something that someone else was already contracted to do, but I really don't think it's going to happen by Thursday.

What are our options though? I worry that we can't just hold off on moving funds, because there is no one waiting to move on the other end. The lawyers can wait another day or two (until we cave, or the clearance people do their job) but our movers can't wait outside for 48 hours.

Also, along the side of the house there is a collapsed shed (with an asbestos roof!) and bags and bags of rubble. If the house is supposed to be cleared, does this include outside rubbish like that too?

I would ask your solicitors for advice, I have no idea but perhaps they could hold part of the proceeds in a solicitors trust account type thing that would cover the cost of clearing the house if it isn't complete?

Definitely one for your solicitor. When we exchanged there was an issue about possible outstanding service charges, and we agreed a sum - a couple of thousand pounds - to be lodged with the solicitor to sort that should it become necessary.

Once you've exchanged your hand becomes much weaker, so get it sorted now.

Yes check with Sols. I know you cannot dispose of the old mans belongings, you would just have to store it in the garage or similar regardless of the fact you will own the house!

for the record, the old man, bless him, is dead. The EA told us he has no surviving family - does that still mean we couldn't chuck his stuff???

Speak to solicitors today; you are in a good position as you haven't exchanged contracts. DO NOT exchange contracts until this issue is cleared up.

You could be proactive and offer to take on the clearance for a price reduction of £5k or whatever. Think hard about what it will cost you to do the clearance and add extra for inevitable unseen costs, inconvenience etc.

Who is getting the proceeds from the estate? You are right, your leverage will depend on how urgently the seller wants the cash. Do you have to move on Thursday or could you hold off?

The shed and rubble are a bit difficult - i would say the rubble in sacks should be removed as it isn't part of the house but the shed is so you are stuck with it.

er, she has exchanged contracts, she is completing on thursday.
definitely speak to solicitor. the executor or whoever had the authority to sign the contract on your purchase has the responsibility to keep to its terms... which was to clear the house.
i'd also speak to th estate agent dealing with the sale.

Never complete on a sale until you do an inspection. This is something we have learned. Make sure this is written into your contract before you exchange. So something like "vacant possesion" and "money will be transferred upon satisfactory inspection".

You can guarrantee they will clear it then!

Actually, we haven't exchanged contracts. Redonculous, I know, but our buyers (or is it their buyers?) keep flouncing about. I'll check to see what is in there now, but if no mention of it I'll make sure something is written into the contracts... Our solicitors are acting a bit like this isn't their problem and keep advising us to make sure it is taken care of because we will have little recourse after exchange.

We've just had a load of stuff through from our solicitors about our house sale and it specifies that there must be no rubbish left in house or garden. I don't remember this clause from when we last moved in 1997 so I'd have thought this was now pretty standard.