picking up keys for new property

bodgerx

drum123 wrote: »

hi,
no monies transfered as yet as we do not have keys???

This makes no sense.

Surely you mean: "No keys yet as there are no monies transferred". Which is a perfectly normal situation.

drum123

sorry all didnt make myself clear earlier was quite annoyed. i was due to finalise on house today money with my solictor as today was the day that the money was transfered. the house was being sold by trustee as person in it is bankrupt. today was completion date. person in house knew that he had to vacate property as i was due to get keys.????

drum123

trustee was pushing for all to go ahead today.

drum123

lizzielondon wrote: »

sorry i don't think i quite understand this

you've bought a house but can't complete because you don't have vacant posession because your vendor hasn't started to look for somewhere to buy? ??

this is exactly what happened.

G_M

Your posts are a bit confused but I assume:
1) you have Exchanged contract
2) The contract states 'vacant possession' (your post above has question marks!! "pre sale condition was that house would be vacant?? ") Yes or no?
3) The Completion date in the Contract was today (" i was due to finalise on house today " ) or are you referring to Exchange?

If the above is correct, and the trustee failed to evict the occupant, then they are in breach of contract by not providing vacant possession.

If you have a solicitor, speak to him and sue for breach. Plus all associated costs.

If you have no solicitor, sue for breach. Plus all associated costs.

jamesd

When buying a property it is not necessarily the case that the seller and buyer will want the place to be vacant if it has a tenant. Your contract will say whether there was to be vacant possession or not. If not, you have acquired the property and the obligations and costs of being the landlord of the tenant, including the costs of eviction. If there was to be vacant possession then the seller is responsible for your costs. If not, you are.

Catherine_Johnson_2

The person you need to be directing your message at is your solicitor. No one on here can tell you what's happened.

goldengirl28

morning drum123

is there any progresson this?

zappahey

PasturesNew wrote: »

The seller will clear out their house, then they will await a call from their solicitor and EA to say all the money side of things is sorted. They will then usually take the keys to the EA and then they'll go to another EA (probably) to pick up the keys to the house they're moving to.

Or, in our case, we were clearing out the house when the EA rang to say that we had exchanged, completed, the buyer had picked up the keys and they were on their way over.

GULP!

I have no idea what we might have left behind in the rush to get out before they arrived.

amilieval

The estate agent usually but it's up to ypu, the seller and ypur and their solicitors and what arrangement you have.