17 weeks later and no keys...

mel_6688

Hi!

My fiance and I are trying to buy our first house.
We found the house and put an offer in early April. Found solicitors and mortgage within a week.

17 weeks later and we still don't have the keys. Checks have been done, deposit paid etc and completion should have been Thursday but our solicitors have called to say that the seller still hasnt cleared the house out and needs to defer the date to the 11th.

I have told them that this is unacceptable and their lack of assistance during this whole process has led to this and that for a better term of phrase the sh*t is hitting the fan.

Does anyone know what rights we have, how we can pressure them or have any examples of complaints as we've been let down over and over during the past few months.

Thanks xxx

narabanekeater

Mel boy do I rem this feeling. Your solicitor needs to be firm here. When we eventually got our moving in date the people who had this house went Asda and shopping and dropped the keys off at 3pm when we had been waiting since 9am. We were in town camped out at the estate agents waiting, my hubby outside the new house. When we got in it was such a mess and they had left loads including a big box of adult toys for us. Shame they were in my now daughters room and she found them first coming down the stairs asking myself, freinds and removal people what they were.

sarah_elton

Have you exchanged contracts yet?

Jonbvn

mel_6688 wrote: »

Hi!

My fiance and I are trying to buy our first house.
We found the house and put an offer in early April. Found solicitors and mortgage within a week.

17 weeks later and we still don't have the keys. Checks have been done, deposit paid etc and completion should have been Thursday but our solicitors have called to say that the seller still hasnt cleared the house out and needs to defer the date to the 11th.

I have told them that this is unacceptable and their lack of assistance during this whole process has led to this and that for a better term of phrase the sh*t is hitting the fan.

Does anyone know what rights we have, how we can pressure them or have any examples of complaints as we've been let down over and over during the past few months.

Have you exchanged contracts yet? If yes, there may be a clause in there to assist you. However, it is your solicitor's job to advise you regarding this.

sarah_elton

narabanekeater wrote: »

When we eventually got our moving in date the people who had this house went Asda and shopping and dropped the keys off at 3pm when we had been waiting since 9am. We were in town camped out at the estate agents waiting, my hubby outside the new house.

To be fair, there is no point going anywhere on completion day until your solicitor has called to confirm the money has been received all the way up the chain and that completion has taken place; I've never had this happen any earlier than 11am. Regardless of what the current occupants are doing, or if they're still there, you won't get in until that has happened.

No excuse for leaving stuff behind though, especially adult items. Gross!

Richard_Webster

Presumably contracts have not yet been exchanged because the seller won't commit to a date.

You can threaten to pull out and buy something else. That's your remedy and really your only remedy, I'm afraid. Whether the seller will believe you is another matter, as is whether you would want to make the threat and carry it out.

Sorry, but this is it - it takes two to tango and if he won't agree, you don't have an agreement so there's no legal liability.

mel_6688

solicitors have been absolutely useless, im aware a lot of people have issues with their sols but ours really seem to take the biscuit!

Exchange should be today (although they previously told us it would be Friday)

Completion they said could be Friday - Friday came and they announced they hadnt asked for the money from mortgage lenders yet!

My mortgage advisor and estate agents chasing department seem to be golden chasing everything! But Solicitors have told me they dont have the time to chase and to let them know if i agree the date of the 11th

mel_6688

our mortgage advisor has suggested threatening to pull out and the bloke is now looking into other properties in the area, the way we have felt the past month I think it is a threat we will carry out.

Would writing letters of complaint to our solicitors etc be a waste of time?

Chinkle

If you haven't exchanged, threatening to pull out is your only option. Don't waste your time writing letters of complaint - until you have exchanged there is no contract between the two parties.

sarah_elton

Bear in mind that if you pull out, even if you find something you like today, the whole process can take a couple of months at least.

I would focus on getting exchanged. A completion date is set on exchange and if they try and move it after that point there are penalties. I don't think complaining to your solicitors will achieve much at this stage. Pressuring the EA is a good way to go; if they see a chance the sale will fall through they'll get on the phone. I would be phoning them, saying this is ridiculous blah blah, we want exchange today with a completion date of X. Get them to harrass the seller.

We found our house at the start of March and completed today (woohoo!!!) because everyone else in the chain was so laid back they were falling over. So 21 weeks. You'll get there, and it'll be worth it once you do.

mel_6688

sarah_elton wrote: »

We found our house at the start of March and completed today (woohoo!!!) because everyone else in the chain was so laid back they were falling over. So 21 weeks. You'll get there, and it'll be worth it once you do.

Not just us then! Am i being petulant wanting the exchange this week or next?

So what Ive gathered is that until exchange I have no real rights and there isnt much point in threatening to pull out

sigh!