what would happen

claz

moving date is getting closer by the second but i have this really big fear that the vendor hasn't emptied the house or has emptied the house of the things she's supposed to leave

does any know where we wouldstand if we had to pay for removel men to move furniture etc before we could move our stuff in and where would we stand if she has taken the white goods which is part of the deal

my solicitor is c**p so i don't want to ask him and i've got no one else

could we send her the bill

i know its a lot of what ifs but this is keeping me awake wondering and i have a really bad feeling about it and usually my intuition is right in fact it has never been wrong

suki1964

Yep you bill them for having to clear out junk they have left behind plus if they havent left the goods itemised on the F&F list you sue them.

If you really have such a bad solicitor is there another in the firm you can ask to transfer to?

claz

i proabaly will transfer solicitors if there is a problem, has any one else been in this situation before? what happened and how much did it cost to take them to court

Joannaclaire

Why not chat to your solicitor, that's why you're paying them.

The one we went through (before everything fell apart) said a section was always included in the contracts he drew up to ensure that anything not mentioned as fixtures and fittings that were to be included in the sale- ie junk, furniture, etc left up in the loft/garage and so on is removed before we were to move in, or if not, that the expenses incurred by us removing anything after we moved in, would be payable by the vendor.

claz

my solicitor is really bad, i stated 2 weeks ago that i would want the keys by 10.30 and nothing was mentioned that i couldn't have them so booked removel company etc time off work and only now (completing on friday) does he tell me it may be 2.00pm

on numerous ocassions i have found myself pickingup the pieces where he has messed up (he forgot about the retention and only realised when i asked about it for the 5th! time) he also forgot to give me a lot of paperwork and so i had to rush to the office losing my lunch break to pick up the paperwork so we could exchange on time only then to be told he forgot to send it to the other side

he took 10 days to send off the searches!! and this is just the tip of the iceberg

so you can see why i don't really trust him when he doesn't know his head from his a*se

dazza.mk

I was told by my solicitor when I moved alost 5 years ago (has it been that long!), to basically get in quickly and check things over once the estate agent had been given teh key release authority as within 24 hours they can easily do something (as potentially they can recall the bank transfer), sfter that you would be facing going through the courts.

claz

dazza.mk wrote:

I was told by my solicitor when I moved alost 5 years ago (has it been that long!), to basically get in quickly and check things over once the estate agent had been given teh key release authority as within 24 hours they can easily do something (as potentially they can recall the bank transfer), sfter that you would be facing going through the courts.

i can understand that but would that not mean that we would also have to move out again?

jenniferpa

As a matter of interest, why do you think this might happen? Particularly the part about leaving the furniture? The vast majority of property transfers happen without such issues, so I'm wondering if there is something else going on. I have heard (anecdotal, but I can believe it) of people removing everything that wasn't screwed down (light bulbs seem to be fairly common) but generally, this happens when the vendor feels that the buyer has taken advantage of them (although I guess some people are just mean).

If you don';t feel you can speak to your solicitor about this, try talking the the EA. I'm sure they've seen it all before, and can advise you about what they have done in the past. As a side bar, when my Mother sold her house, the purchaser did not want the washing machine, and when I came to detach it, I couldn't turn the water off to it! In the end, I had to turn all the water off. I contacted the EA, he got a plumber out, and sent me the bill which I paid. My point is that sometimes there are unforseen circumstances, but they can normally be sorted out with a certain amount of goodwill.

Edited to add:

I think you're being a bit unreasonably to expect the keys at 10.30, anyway. Just because you told your solicitor that you wanted them then doesn't mean you can have them. If the money's not available until later, it's not available until later, and there's not a lot the solicitor can do about it.

Jennifer

claz

the reason i am worried is because the lady has gone into an nursing home and her daughter lives in wales we have looked through the window on momday and can still see all the furniture and we have been told that she has supposed to of emptied it last week, mentioned it to the estate agent and apprantley they only have email contact with her, i have also told the solicitor but we can't wait any longer as our lease expires on the sunday

also with the solicitor i told him 2 weeks ago i was booking the removel company for 10.30 and he didn't say anything

i have never moved before so i don't know how long money takes to tranfer etc, but he didn't say anything then so i went ahead and booked it

silvercar

You are buying the property with vacant possession. If the property doesn't look vacant then you could refuse to take possession - though this means you will not have the house until its sorted.

Alternatively you complete and arrange for the stuff left behind to be removed and bill the seller.

The other option is to tell the EA you are leaving all the stuff outside so the seller can collect.

jenniferpa

Well even if they only have email contact they CAN contact her. Don't just mention it - tell them what the problem is. Also ask your solicitor (he may be hopeless, but this should be well within his capabilities). Lay out the most likely scenario (you get there and the furniture is still there) and get them to tell you what to do (preferably in writing). Go round tomorrow afternoon if you can to see if the furniture is still there, and if it is, stand in the EA's office until you get a resolution. Actually, I think this is less likely to happen than you imagine, but I understand your concerns. What I think is more likely is that the place will need a really good clean - I hope you're ready for that. You might also contact your removal company - if anyone has been confronted with this situation before, they're likely to know about it.

Let us know what happens. Also remember that whatever happens in the short term, eventually the vendor will be responsible for paying for this removal.

Jennifer