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  • FIRST POST
    • wendygn1
    • By wendygn1 14th Sep 17, 10:09 AM
    • 7Posts
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    wendygn1
    Person in chain keeps moving the completion date, advice?
    • #1
    • 14th Sep 17, 10:09 AM
    Person in chain keeps moving the completion date, advice? 14th Sep 17 at 10:09 AM
    We were supposed to be moving at the end of August. Someone in the chain said that they couldn't move then, so the new date was agreed, which was the 8th September. Everyone was ready to move and we were waiting exchange. I have been onto my solicitor and estate agent on a daily basis.
    The 8th Sept came and went, we were given a new date of the 15th Sept. everyone agreed, apart from this one person in the chain who keeps moving the goalposts.
    The new date of the 26th September was suggested and the solicitor said that he would try and get his client to agree on 22nd September, but his client won't budge from the 26th September.
    This was on Tuesday and I'm still waiting to exchange. I spoke to my solicitor yesterday who said she's been too busy to speak to the other persons solicitor. I need to exchange so that this date can't be changed again.
    Can the person in the chain keep moving the goal posts or will there come a time when the solicitor will say to him that enough is enough?
    Also because we were going to be moving at the end of August and I was paying by cheque, my solicitor asked for the full house payment, her fees and the estate agent fees. This is so it would give her enough time for the cheque to clear.
    So basically I'm squatting in my current house and I own the house that I've yet to move into. I am also losing interest on the money that could have been in my account, but is now in the hands of my solicitor.
    The person that is causing the delay is The vendor of the house that my vendor is buying. Everyone else in the chain has been ready to move since the 8th September. My seller has lost her deposit on her removal company because she booked the 8th Sept to secure the booking.
    Any advice will be greatly received, thank you
    Last edited by wendygn1; 14-09-2017 at 10:12 AM.
Page 1
    • Lokolo
    • By Lokolo 14th Sep 17, 10:15 AM
    • 19,812 Posts
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    Lokolo
    • #2
    • 14th Sep 17, 10:15 AM
    • #2
    • 14th Sep 17, 10:15 AM
    Get onto the estate agents, this is where they should be sorting out dates with everyone.
    • hazyjo
    • By hazyjo 14th Sep 17, 10:15 AM
    • 9,798 Posts
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    hazyjo
    • #3
    • 14th Sep 17, 10:15 AM
    • #3
    • 14th Sep 17, 10:15 AM
    It happens - there's nothing you can do unless you threaten to pull out (and mean it!). You could try and force your seller out if it's the link above them causing the problem.


    Don't understand the squatting thing or how you can 'own the house' that you're buying. I understand that your solicitor needed the money, but they can send it back to you if you like, although there's probably not much point. Interest will be negligible - anyway, it will go into a client account and you can have the interest (AFAIK).


    Your buyer should not have booked anything until actual exchange so that's her naivety and lesson learned unfortunately.


    Good luck. It's very frustrating, I know.
    2017 wins: Opera tickets; film preview; lipstick; Ideal Home Show tickets + afternoon tea & bottle of Champagne; 2 cases of NKD; notebook; bath rack; books; film Premiere; Broadchurch DVDs; lipbalms; hamper (food/wine/Echo Dot/Jo Malone goodies); Avon lippies; cowhide rug; Windsor luxury break, foundation; Flybe flight
    • wendygn1
    • By wendygn1 14th Sep 17, 10:26 AM
    • 7 Posts
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    wendygn1
    • #4
    • 14th Sep 17, 10:26 AM
    • #4
    • 14th Sep 17, 10:26 AM
    Thanks
    The squatting thing was my little joke, sorry
    Can I ask my solicitor for the interest on the money that she is holding?
    Can I push for exchange? Because I am constantly on the phone to my solicitor and estate agent, I'm starting to feel like a pest.
    I can't threaten to pull out because I've paid all my monies in full, the house I'm buying is already paid for and the house I am currently in has already been paid for by the people buying my house.
    I wouldn't want to threaten to pull out anyway as I really want the house that I've bought
    I have read somewhere that you can claim compensation from the person who's causing the delay in the chain.
    What is more frustrating is that we are not being told the reason for the delay, apart from the fact he is being awkward.
    • wendygn1
    • By wendygn1 14th Sep 17, 10:29 AM
    • 7 Posts
    • 4 Thanks
    wendygn1
    • #5
    • 14th Sep 17, 10:29 AM
    • #5
    • 14th Sep 17, 10:29 AM
    I'm onto the estate agents on a daily basis. They're having a headache over this as well. There's a dent in the wall in the estate agents office where he keeps banging his head
    • LandyAndy
    • By LandyAndy 14th Sep 17, 10:40 AM
    • 23,940 Posts
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    LandyAndy
    • #6
    • 14th Sep 17, 10:40 AM
    • #6
    • 14th Sep 17, 10:40 AM
    Thanks
    The squatting thing was my little joke, sorry
    Can I ask my solicitor for the interest on the money that she is holding?
    Can I push for exchange? Because I am constantly on the phone to my solicitor and estate agent, I'm starting to feel like a pest.
    I can't threaten to pull out because I've paid all my monies in full, the house I'm buying is already paid for and the house I am currently in has already been paid for by the people buying my house.
    I wouldn't want to threaten to pull out anyway as I really want the house that I've bought
    I have read somewhere that you can claim compensation from the person who's causing the delay in the chain.
    What is more frustrating is that we are not being told the reason for the delay, apart from the fact he is being awkward.
    Originally posted by wendygn1

    Of course you can pull out. No one has bought any houses atm because you haven't even exchanged let alone completed.


    You pull out and you get your money back from the solicitor.
    • Narkynewt
    • By Narkynewt 14th Sep 17, 10:45 AM
    • 118 Posts
    • 23 Thanks
    Narkynewt
    • #7
    • 14th Sep 17, 10:45 AM
    • #7
    • 14th Sep 17, 10:45 AM
    I would suggest that you're going to pull out. They could keep messing around otherwise.
    • LandyAndy
    • By LandyAndy 14th Sep 17, 10:48 AM
    • 23,940 Posts
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    LandyAndy
    • #8
    • 14th Sep 17, 10:48 AM
    • #8
    • 14th Sep 17, 10:48 AM
    I would suggest that you're going to pull out. They could keep messing around otherwise.
    Originally posted by Narkynewt

    Only threaten to pull out if you are prepared to do it.
    • wendygn1
    • By wendygn1 14th Sep 17, 10:55 AM
    • 7 Posts
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    wendygn1
    • #9
    • 14th Sep 17, 10:55 AM
    • #9
    • 14th Sep 17, 10:55 AM
    Pulling out is not an option I could threaten to pull out, but then when the push came to shove I wouldn't carry it through. I really want this house
    • kingstreet
    • By kingstreet 14th Sep 17, 11:06 AM
    • 32,213 Posts
    • 17,250 Thanks
    kingstreet
    Until all parties have a completion date on which they are all agreed, exchange of contracts cannot take place.

    Normally, this is settled by everyone putting forward their preferred dates and a compromise being reached. However, in this instance it appears one party wants one particular date and that is it.

    Unless and until everyone agrees, you aren't going to exchange contracts.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • gingercordial
    • By gingercordial 14th Sep 17, 11:15 AM
    • 1,026 Posts
    • 1,012 Thanks
    gingercordial
    I have read somewhere that you can claim compensation from the person who's causing the delay in the chain.
    Originally posted by wendygn1
    No. Once you have exchanged and set a completion date, if somebody fails to complete on the specified date then potentially there is a claim against them for costs.

    You haven't even exchanged so nobody is liable to anyone else for anything at the moment. Any one of you could walk away at any time and it would be hard luck to the others.
    • hazyjo
    • By hazyjo 14th Sep 17, 11:16 AM
    • 9,798 Posts
    • 12,420 Thanks
    hazyjo
    I can't threaten to pull out because I've paid all my monies in full, the house I'm buying is already paid for and the house I am currently in has already been paid for by the people buying my house.

    ...
    I have read somewhere that you can claim compensation from the person who's causing the delay in the chain.
    What is more frustrating is that we are not being told the reason for the delay, apart from the fact he is being awkward.
    Originally posted by wendygn1
    Of course you can pull out. No one has bought any houses atm because you haven't even exchanged let alone completed.


    You pull out and you get your money back from the solicitor.
    Originally posted by LandyAndy
    So can your buyer - they have not paid for yours yet either! It will be sitting in their solicitor's client account.


    No idea what you read or where you read it, but no you can't claim compensation from the person causing the delay. Not unless you have exchanged and they delay completion.


    You can sell and buy and force your sellers to sell and be homeless until their seller decides to sell. They may not want to take that risk in case their seller pulls out and they're back to square one (as you all would be!). As you say though, you're not willing to carry out any threat, so it's probably pointless, but you could certainly suggest it rather than threaten it. Are your buyers pushing or are they calm?
    2017 wins: Opera tickets; film preview; lipstick; Ideal Home Show tickets + afternoon tea & bottle of Champagne; 2 cases of NKD; notebook; bath rack; books; film Premiere; Broadchurch DVDs; lipbalms; hamper (food/wine/Echo Dot/Jo Malone goodies); Avon lippies; cowhide rug; Windsor luxury break, foundation; Flybe flight
    • wendygn1
    • By wendygn1 14th Sep 17, 11:42 AM
    • 7 Posts
    • 4 Thanks
    wendygn1

    Are your buyers pushing or are they calm?
    Originally posted by hazyjo
    They were pushing, but the last time I spoke to her she said let's just wait and see now. I'm happy with the 26th September, but want to push for exchange so the awkward one can't change the date again. It seems that the solicitor is not pushing as hard. I know she's got a lot of cases at the moment, but surely this case should be marked as urgent? Well it is in my books
    • xylophone
    • By xylophone 14th Sep 17, 11:49 AM
    • 23,414 Posts
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    xylophone
    Have your sellers established the reason for the delays being caused by their vendor?
    • LandyAndy
    • By LandyAndy 14th Sep 17, 11:55 AM
    • 23,940 Posts
    • 50,658 Thanks
    LandyAndy
    Have your sellers established the reason for the delays being caused by their vendor?
    Originally posted by xylophone

    There's no guarantee they'll have been told the truth. This sort of constant delaying can indicate there is a problem that the delaying party is hoping will be resolved before they have to divulge it.
    • wendygn1
    • By wendygn1 14th Sep 17, 1:45 PM
    • 7 Posts
    • 4 Thanks
    wendygn1
    Have your sellers established the reason for the delays being caused by their vendor?
    Originally posted by xylophone
    No, my sellers said that you don't get much information out of them. No one seems to know or is not telling us.
    • sheff6107
    • By sheff6107 14th Sep 17, 1:53 PM
    • 442 Posts
    • 293 Thanks
    sheff6107
    Not much you do but hold tight. And nobody should be paying removal companies prior to exchange.
    • teddysmum
    • By teddysmum 14th Sep 17, 2:18 PM
    • 8,511 Posts
    • 5,043 Thanks
    teddysmum
    Possibly the person is waiting for a newly built property to be completed and the builders constantly move the expected date forward.


    I can see something like this happening with my sister who is buying a property from someone who is expecting a new flat to be finnished by a date in October.
    • saajan_12
    • By saajan_12 14th Sep 17, 3:51 PM
    • 955 Posts
    • 648 Thanks
    saajan_12
    Thanks
    The squatting thing was my little joke, sorry
    Can I ask my solicitor for the interest on the money that she is holding?You'd get the interest applicable on the solicitor's client account, but this is likely zero. Besides, I know it feels like a lot of money but at current rates it's likely too small to worry about.
    Can I push for exchange? Because I am constantly on the phone to my solicitor and estate agent, I'm starting to feel like a pest. - you can push, the other parties don't have to oblige though.
    I can't threaten to pull out because I've paid all my monies in full, the house I'm buying is already paid for and the house I am currently in has already been paid for by the people buying my house. - you've only transferred the money to your solicitor, it hasn't gone to your vendor yet, so you haven't 'paid for' anything. You can threaten to pull out if you choose to..
    I wouldn't want to threaten to pull out anyway as I really want the house that I've bought
    I have read somewhere that you can claim compensation from the person who's causing the delay in the chain. -
    No, they're under no obligation to even proceed with the house sale/purchase, let alone do it quickly. No compensation due until after you have exchanged and someone breaches the contract.

    What is more frustrating is that we are not being told the reason for the delay, apart from the fact he is being awkward.
    Originally posted by wendygn1
    You need to get a handle on the precise situation rather than assuming you have bought things you haven't. So far everyone has just performed enquiries and begun negotiations on the properties. Until exchange, no one is under any obligation, so all you can do is wait or pull out. Thats it.
    • wendygn1
    • By wendygn1 14th Sep 17, 5:11 PM
    • 7 Posts
    • 4 Thanks
    wendygn1
    Thanks for all your responses I've just spoken to my solicitor and everyone has agreed on the 26th September, so just waiting to exchange now
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