Exchange and Completion Concern

Caz6

Hi,

After a day long negotiation with the seller over the completion date, we exchanged on our house last Tuesday and expect to complete this Friday. The reasons we had a problem with the completion date was that the seller wanted 6 weeks to clear out the house (it's unouched from the day her father passd away - fridge full of food, house full of furniture and personal effects and a car in the garage) but on the advice of her solicitor and EA she eventually agreed to 2 weeks.

Having passed the house at the weekend, I am now concerned that she is not going to clear the house in time as on Saturday it was still untouched. My boyf will drive by again tomorrow night and I will on Thursday night and if it's not looking good, I will call our solicitor for advice and her EA.

But legally, where do we stand if she wants to postpone completion? In the contract she's signed it states completion date of Friday 14th Nov 08. Can she postpone? And if she doesn't postpone but hands over the keys to the house as-is then what rights does she have over the contents that aren't listed in the contract some of which are antique furniture?

PasturesNew

Legally she can't postpone, she has to complete. However, obviously 1-in-10000 people don't complete on time. If she doesn't then it's up to your solicitor to act promptly and to issue her with a notice.

It might be though that she's booked people and vans for Wed/Thu/Fri to do it all.

Caz6

Hi, thanks for your advice. You're right, she may have things booked for this week but I'm assuming the worst as she's bitter about the prices she's accepted for it.

We're going to keep a close eye on it this week but it's good to know that she can't postpone completion. Thanx

alexlyne

I remember when I moved into my first house. I was sitting on the sofa (which they agreed to leave).. and watching them load up the last of their stuff. This was 6pm. I was so glad I was moving from student accommodation, which meant I only had a couple of carloads of stuff. I can't imagine how it would have been if I was doing a full on move with a houseful!

Yours sounds like the kind of scenario where the only way to go would be to get the pros in to clear it out, I'm sure they'll get it sorted in time!

PasturesNew

There was a thread on this forum in the lat year where somebody told a story of finding a family virtually in the middle of cooking a meal while the mother had gone out shopping on completion date.

Some people are just mad and don't work to normal rules.

I'll see if I can find that thread. It was full of proper advice over what the process is when a seller fails to move out.

PasturesNew

1] http://forums.moneysavingexpert.com/showthread.html?t=1112507

(might find/add more in a minute)

hethmar

Why dont you ring her and ask how things are going?

Caz6

Wow! Interesting and scary read! We are going to change the locks anyway the minute we get a key to the place but fortunately no one is living there at the moment and she is and MP so I'd call her local press if she decided to start squating! Lol!
The key, excuse the pun, is getting the key though...gosh Friday can't come soon enough...

Ulfar

Ask your solicitor to make a retention on the funds to cover any costs associated with clearing the house.

I would recommend enough to cover several very large skips depending on the size of the house.

elsie52

I worked for an estate agent for 10 years, and my advice would be to ring her direct and ask to meet at the property, say you want to do some measuring-up etc. Then you would have the chance to check on the progress. If it looks as if nothing i happening, get on to your solicitor and ask him to check with her legal bods....

hethmar

She obviously cant be short of money then - I should think she must just be getting a firm to clear it for her - but just ring her as elsie says - you can then chat about how the clearing is coming along.