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FTB- If the vendor delays completion, can I claim expenses?
playing_with_fire
Posts: 38 Forumite
Hello
Bit of background, put an offer in on empty flat in early August. Offer accepted. I tghought things would move fairly quickly as I'm a FTB with 25% deposit and there was/is no chain. So the process goes on, paperwork, mortgage etc. I told my solicitor I wanted to complete before Christmas and when I called solicitor as due to exchange I offered completion date of 21st Dec. I thought everything was fine, vendor was happy then just as we were about to confirm the date the vendor's solicitor then tells me the vendor can't complete till January as they can't get furniture out of the flat till then. Obviously I was very disappointed as the vendor has had 4 months to sort out the furniture and certainly must have been informed in the last few weeks that we were moving towards completion. I offered to complete and allow them to pick up the furniture on a date they could make. Today they have said no, so it looks like I have no choice to wait till Jan.
Now I had already agreed annual leave for next week as had my partner and parents to help and Jan will be difficult as I am needed in my office as my line manager is away, but I don't seem to have any choice in the matter. What I want to know is if I go with the date they have suggested and arrange time off etc, if they then go back on the new agreed date, can I claim for loss of earnings as I will have to take more annual leave etc. Hopefully it won't come to this but I want to make it clear that I won't be happy with anymore delays. Anyway I wanted to get some advice from the forum before talking to my solicitor about what to do.
Bit of background, put an offer in on empty flat in early August. Offer accepted. I tghought things would move fairly quickly as I'm a FTB with 25% deposit and there was/is no chain. So the process goes on, paperwork, mortgage etc. I told my solicitor I wanted to complete before Christmas and when I called solicitor as due to exchange I offered completion date of 21st Dec. I thought everything was fine, vendor was happy then just as we were about to confirm the date the vendor's solicitor then tells me the vendor can't complete till January as they can't get furniture out of the flat till then. Obviously I was very disappointed as the vendor has had 4 months to sort out the furniture and certainly must have been informed in the last few weeks that we were moving towards completion. I offered to complete and allow them to pick up the furniture on a date they could make. Today they have said no, so it looks like I have no choice to wait till Jan.
Now I had already agreed annual leave for next week as had my partner and parents to help and Jan will be difficult as I am needed in my office as my line manager is away, but I don't seem to have any choice in the matter. What I want to know is if I go with the date they have suggested and arrange time off etc, if they then go back on the new agreed date, can I claim for loss of earnings as I will have to take more annual leave etc. Hopefully it won't come to this but I want to make it clear that I won't be happy with anymore delays. Anyway I wanted to get some advice from the forum before talking to my solicitor about what to do.
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Comments
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You can only claim expenses for delayed completion (from agreed date) after exchange of contracts.0
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Offer to pay say £350 storage over the period they are talking about for completion on 21 Dec and drop your offer for completion after the new proposed date.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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If you haven't exchanged, you can't claim compensation - but you're quite within your rights to lower your offer (or even walk away). Likewise, before exchange the vendor is quite free to reject any revised offer (or refuse to sell to you outright). Up to you what line to take.0
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I dragged H out of his sick bed last week to move furniture out of a flat we were selling so we could exchange and complete the next day. If they wanted to, they could.
I'd stamp feet as well after 4 months!Everything that is supposed to be in heaven is already here on earth.
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Inform the vendors that your department is busy throughout January - I have worked in industries (retail, fitness) with a ban on annual leave during certain periods. You have therefore made arrangements around completing in December as previously agreed/ condition of the sale (hopefully that is the case). If you agree to complete in January it will be necessary to pay professional packers and removals and you will be reducing your offer accordingly.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Thanks everyone for your helpful advice, I feel a lot more confident about my options and will be speaking to my solicitor first thing in the morning!0
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