Notice to complete?

Mamamia_3

Hi

The completion date for the purchase of our new home was actually last Friday.
Our solicitor sent the money to the vendor's solicitor, all normal up till then.
What happened next was the vendor's solicitor transferring the money back, as his client "was not yet ready to complete".
We were told it would be at the beginning of the next week (well, this current week). Again, nothing happened.
On Tuesday I called our solicitor, trying to get some information. When she finally got back to me she said, that in the last week the vendor was even considering not to sell any more, but now he does want to go ahead. But we could not get the keys before Monday, 15th, because they still have a load of gumpf in the house they would need to dispose of first. Monday is no good to us as I start Uni on Monday and will not have the time to sort out workmen, ect.
I then called the vendor's EA, they were surprisingly co-operative and after some negotiation and my offer to take care of the crap in the house myself, it was agreed to have the money and keys handed over on Friday.

Well, it is Friday now and I have not heard a thing. Should our solicitor have thought about dishing out a "Notice To Complete" last week?

Would anybody of you know, were I legally stand? If the vendor still does not pull the finger out? Our current home is let as from the 20th! If the vendor does not shift, we will end up putting furniture in storage and move in with the outlaws :eek: .

I have got to admit a couple of times I thought to pull out myself and tell the vendor to stick his property elsewhere (yes, that place that does not get a lot of sunlight).

Mutton_Geoff

Surely when contracts were exchanged, the completion date was set? The vendors are therefore now in breach of contract. Your solicitor needs to advise you on course of action pronto!

GDB2222

I don't think you can pull out unilaterally, even though you're past the original completion date. The contract lays down a procedure to follow if completion does not take place on time. It may be that your solicitor has not followed this with all the vim and vigour you would like. On the other hand, that would have involved extra costs that you might have been unhappy with. At the end of the day, no completion notice can actually make the vendors pack their stuff up and move out. It just focuses their minds on the financial penalties for failing to comply with the contract.

I would have another chat with your solicitor and suggest that an amount of the completion monies should be retained to cover your extra expenses, such as staying in a hotel. You don't really want to have to pursue your vendors through the courts for the money.

Premier_2

Ask you solicitor - that's what you pay her for!

Have you exchanged yet? I presume so, in which case neither of you can pull out. Well you can if you want but you'll lose the 10% deposit whether you've paid it in full or not, and may find yourself liable for other losses.

The seller cannot 'consider not to sell anymore' and yes the solicitor should be raising the necessary legal paperwork. The delay by the seller may mean you are entitled to some form of compensation too - again your solicitor should be actively doing this and advising you accordingly.

If she is not, get a new solicitor...and quick!

If you haven't exchanged, then there is no legal obligation by either side to complete.

Mamamia_3

Thanks for your reply.

I have just been on the phone to our solicitor again, and according to her, the purchase been done. The money is transferred and the vendor has signed the final paperwork.
Now the keys are the issue. Just spoke to vendor's EA and they did not have the keys.
With a bit of luck they will call me back soon, as I am on the verge of having a nervous breakdown.

chartreuse_2

Mamamia wrote: »

With a bit of luck they will call me back soon, as I am on the verge of having a nervous breakdown.

Well, although much of this sounds rather odd, I can assure you that the nervous breakdown bit is quite normal and happens to us all when we move house!

Hope the rest gets sorted pronto

GDB2222

Mamamia wrote: »

Now the keys are the issue. Just spoke to vendor's EA and they did not have the keys.

Tell your solicitor this NOW!

GDB2222

Oh, and go round to the property and make sure the vendors have actually moved out.

Debt_Free_Chick

Go round there and move in.

If you have to, break in - breaking into your own property is nothing to do with anyone else. But don't cause a scene if the vendor is still there as the Police will get involved to prevent a breach of the peace.

I'd be straight around there .... after all, it would be MY property and I'd want to secure it!

Catti

This sounds like your solicitor was actually trying to exchange and complete on the same day rather than fix a date to complete in the future, hence why there was still an element of doubt in the matter.