need advice quickly...

Bossyboots

Have you exchanged with the residents or the property developers? If it is all to be simultaneous then the residents do still own the house until completion. You are only buying from the development company if the part exchange is completed and your contract was between the company and yourselves.

I think it was a little churlish to react the way he did personally but you do seem to have been in contact with them rather a lot and they may be getting fed up with it. I think a little humility on your part is what is needed here if you really want to get measured up before you go away.

nabby

Rikki wrote:

I can understand him being upset about receiving your mail. The house in theory isn't yours until after your completion date so these letters shouldn't be addressed to you there. It my not be your fault but you need to stop it happening

Again I can see why he might be annoyed but given that the house isn't his as such (see above post) should he be getting that stressed really? Also, given that he's been able to go up to see his new place for weeks and has already taken plants up there to put in the garden 4 weeks in advance of completing and a week in advance of exchanging contracts, I find his change of attitude a little odd.

Also, I'd love to be able to stop the letters going there as some are financial and may have quite personal information on them. But until I spoke to him this afternoon, no-one had informed me letters were going there, not him, not the agents and not the company selling us the house.

To some people his bullish reaction would have provoked an equally bullish one back - I am however of the opinion that rising above it is the best course of action to take normally.

Rikki

nabby wrote:

Thanks for the feedback so far!

I guess I have been a bit "keen" in contacting companies. I like the idea of sending a note apologising to them to make them feel a bit guilty.

Maybe if you had asked first they may not of been as angry.

However, don't overlook the fact that the people living there don't "own" the house as such as they've part-exchanged it to a development company that's building their new house. We're buying from the development company rather than the people living there.

You don't own the property and it is theirs until they move out into their new home.

From my point of view I'd not be put out by some letters falling through the letterbox - 6 years after moving into out flat we still get letters for the owners before the ones we bought off! It doesn't annoy me. But hey ho, people are different in many ways...

Mail often arrives after people move out this is because it has been their main residence, you are yet to move in


[QOUTE]And as my wife pointed out (maybe it's the Scot in her coming out!), let's hope they have organised their mail-forwarding service properly too.

You may have problems with your mail direction too, hope the new people in your property are understanding.

Ironically, they've being going up to measure up their new house for weeks, even though they didn't exchange contracts until last week on that place. Oh the irony...

When you buy a new property this is one of the perks avaliable. You also need sevices to be in place the moment you move in.

lush_walrus

nabby wrote:

Thanks for the feedback so far!

I guess I have been a bit "keen" in contacting companies. I like the idea of sending a note apologising to them to make them feel a bit guilty.

However, don't overlook the fact that the people living there don't "own" the house as such as they've part-exchanged it to a development company that's building their new house. We're buying from the development company rather than the people living there.

From my point of view I'd not be put out by some letters falling through the letterbox - 6 years after moving into out flat we still get letters for the owners before the ones we bought off! It doesn't annoy me. But hey ho, people are different in many ways...

And as my wife pointed out (maybe it's the Scot in her coming out!), let's hope they have organised their mail-forwarding service properly too.

Ironically, they've being going up to measure up their new house for weeks, even though they didn't exchange contracts until last week on that place. Oh the irony...

They DO own the house, the developer only owns the house as of the 24th, tioll you complete!

And its not the act of measuring, its the fact that they are living in it which is not the same as going to an empty house. Be fair, would you like it? Have your buyers been coming around at the same frequency? Re-directing mail to you? You may well not mind, but honestly most people do.

nabby

Bossyboots wrote:

Have you exchanged with the residents or the property developers? If it is all to be simultaneous then the residents do still own the house until completion. You are only buying from the development company if the part exchange is completed and your contract was between the company and yourselves.

I think it was a little churlish to react the way he did personally but you do seem to have been in contact with them rather a lot and they may be getting fed up with it. I think a little humility on your part is what is needed here if you really want to get measured up before you go away.

I believe we exchanged with the property developers but I'd need to check the paperwork when I go home. I'm almost certain we did though as the people living there said they had no control over who's offer was accepted, it was down to the developer.

I don't think I've been round that much - three separate times to view (arranged through the agent) back in July/August, once to advise him our life insurance letter would show up and to discuss the price for the cooker they offered to sell us, once to discuss the findings of the survey and once to ask about exchange and completion so that we both knew we weren't being given dodgy info by the development company and lawyers (up until a few days before exchanging we had both been under the impression we'd be completing today but it then transpired that the new house wouldn't be ready until towards the end of Nov so to make sure this was the case I wanted to speak with the guy). On each of the last 3 occasions he has invited us in when we were only after a quick doorstep chat, and he likes to talk, a lot. So generally we've had to make our excuses and leave. Not once has he ever indicated we're pushing them or hassling them - he even quite happily gave me his business card when we saw him last week rather than telling me to go through the agents.

Rikki

nabby wrote:

Again I can see why he might be annoyed but given that the house isn't his as such (see above post) should he be getting that stressed really? Also, given that he's been able to go up to see his new place for weeks and has already taken plants up there to put in the garden 4 weeks in advance of completing and a week in advance of exchanging contracts, I find his change of attitude a little odd.

They are buying a new property so they are able to visit as often as they like. You are asking to visit their family home .It is up to them.

As for the mail It should not be addressed to there until after you complete. Redirected and then people informed of your new address.
Alot of things can happen in the coming weeks and sometimes even at this stage it could all go wrong. Some twenty years ago I pulled out of a sale of a new property in the last weeks due to problems with the house inspection prior to the sale.

nabby

lush_walrus wrote:

They DO own the house, the developer only owns the house as of the 24th, tioll you complete!

And its not the act of measuring, its the fact that they are living in it which is not the same as going to an empty house. Be fair, would you like it? Have your buyers been coming around at the same frequency? Re-directing mail to you? You may well not mind, but honestly most people do.

Thanks for the info - didn't know that.

I guess because we're not selling, we don't have this issue to deal with which maybe makes us a little detached from reality.

nabby

I think the upshot so far is that we have been a bit pushy, we have been a bit naive and a bit fortunate that they've accomodated our wishes to date. I think a card and bucnh of flowers will be forthcoming.

However I maintain that if I want to arrange for a cooker and fridge to be delivered when I move in and for there to be a working phone line then surely I should be able to arrange these once we exchange?

Shoot me down in flames

lush_walrus

nabby wrote:

I believe we exchanged with the property developers but I'd need to check the paperwork when I go home. I'm almost certain we did though as the people living there said they had no control over who's offer was accepted, it was down to the developer.

Yes the developers do have the choice due to it being a condition of their sale, but they have not released the money to the couple and therefore do not own it until completion. Your contract is made out to the developer as by then they will own it. Whether buying via a part exchange or via a vendor the deal is always the same, until completion the property is owned by the vendor. The couple are completing on the new property as of the 24th, and it is this date that the developers will effectively buy their house, not before and not after.

Bossyboots

nabby wrote:

I think the upshot so far is that we have been a bit pushy, we have been a bit naive and a bit fortunate that they've accomodated our wishes to date. I think a card and bucnh of flowers will be forthcoming.

However I maintain that if I want to arrange for a cooker and fridge to be delivered when I move in and for there to be a working phone line then surely I should be able to arrange these once we exchange?

Shoot me down in flames

Not going to shoot you down, but you have absolutely no rights over this house until you own it. Exchange does not give you that ownership, you have simply made a binding agreement to buy.

Organising the fridge and cooker should be okay as there should be no paperwork to go to the house.

Despite what Rikki says, you cannot now back out of this transaction without being in breach of contract which will mean losing your deposit. Your sellers could also sue you for any consequential losses not covered by the deposit value which as you would no doubt put them in breach too, could be substantial. Contracts on new builds might have a get out clause but you will not have one on this property.