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Cooker and washing machine now not included

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  • ctm_2
    ctm_2 Posts: 479 Forumite
    Part of the Furniture 100 Posts Combo Breaker Name Dropper
    Our solicitors agreed to withold some funds to replace these items, but the seller said no because they are a 'gift'. But they aren't. They are included in the inventory and therefore part of the sale, so my solicitor is trying to sort something out.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    how weird-she sounds like a crazy woman.
  • ctm_2
    ctm_2 Posts: 479 Forumite
    Part of the Furniture 100 Posts Combo Breaker Name Dropper
    The Saga Continues.....

    So, the seller changed her mind and agreed to the £300 for the cooker and washing maching. Completed on the flat at about 3pm. Went to the estate agents and got the keys, went to the flat only to find her still there (and the cooker and washing machine that she 'got rid of' outside the front door.

    According to her she hadn;t got any money and can't move out until tomorrow (she hadn't contacted her solicitor or anyone about this though). Called my solicitor who spoke to her solicitor.

    Story goes..... My solicitor didn't get the money from my bank until after 2pm, so technically I am also in breach of contract. (I will be having words with Alliance & Leicester about this because it was all arranged in advance). She then needed that money sent to her to pay the removal people and pay the deposit on the flat she is moving to. But she gave her solicitor incorrect bank details, so the payment was returned to them. She then gave them the correct ones, but too late for her to get the money today.

    Because she couldn't pay them the removal people left. She now has until 9am tomorrow to leave. My solicitor recommended this due to us both being in breach of contract, and because of the fact that I don't need to move in straight away.

    Apparently her boyfriend can't help her move because he has a broken ankle (although a man turned up in a pickup truck and managed to drive and get up 2 flights of stairs without even limping.......).

    All in all I just want to scream!!! I will now probably have to take a day off work tomorrow to get this all sorted out. First thing is to change the lock on the door!
  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    Sorry, how are you in breach of contract? If the monies didn't get released until 2pm there is still time to complete. Quite often we have chains that don't complete until 4pm due to funds being released late in the day.

    Scream - it will make you feel a lot better. Hope things sort themselves out.
  • ctm_2
    ctm_2 Posts: 479 Forumite
    Part of the Furniture 100 Posts Combo Breaker Name Dropper
    Jorgan wrote:
    Sorry, how are you in breach of contract? If the monies didn't get released until 2pm there is still time to complete. Quite often we have chains that don't complete until 4pm due to funds being released late in the day.

    Scream - it will make you feel a lot better. Hope things sort themselves out.

    Contract specified transfer of funds by 1pm, and it could be argued by the sellers solicitor that had the money been received then there would have been time for the money to go to the seller (to the wrong acocunt, then the correct one) in time.

    My solicitor thinks that if I were to start going down the route of doing anything because she has breached the contract, then her solicitor would argue it straight back, and would get nasty.

    As I am not going to move in straight away anyway it was agreed that this was the best solution.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    poor you-you are nearly there though!
  • mrcow
    mrcow Posts: 15,170 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    By this time tomorrow, she'll be out of your way completely, and yes! get those locks changed ASAP!

    Moving is so stressful at the best of times, sorry to hear you're having a hard time, some people are just a nightmare.
    "One day I realised that when you are lying in your grave, it's no good saying, "I was too shy, too frightened."
    Because by then you've blown your chances. That's it."
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Oh what a time you are having. Glad to hear you got the money for the appliances, but sorry to hear she is being such a pain.

    The first house I bought, the seller moved out on completion, but didn't drop the key off and hadn't left a key with the EA. We went round to find the house deserted but no way of getting in. Phoned our solicitor, who said he'd contact theirs and phone us back. He didn't.

    Fortunately we were in rented accom and had another week to run, so at least we had somewhere to sleep that night.

    The chap dropped the keys off to us after work the following day. No apology no nothing. But you live and learn - I've moved several times since then, and always make clear arrangements in advance for the hand-over of keys.

    By the time you read this you should be safely in. And yes, change the locks, straight away!

    Good luck!
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
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