I thought it was all over, until....

goldbyron

Help - can anyone let me know where I stand?

I exchanged on my sale last week - completing in 3 weeks.

My ex partener (who still lives there) and the buyers have had a bit of a falling out. They want to see the house before exchange - apparently to check fixtures and fittings and to be shown how things work (oven, boiler etc). However my ex is not the most agreeable person the world and is peeved they have been over 6 times before exchange and refuses for them to come over again.

I stupidly am trying to smooth things over and rang the buyer. He said that his sol told him it is standard practice to check the property before completion and he has threatened to withhold the monies if she does not allow access. I thought this was legally binding after exchange?

I know he could withhold money but surely he would be in breach of contract and liable to be sued by the whole chain for any delays. And all because they want to know how the boiler works! I am hoping they are bluffing as he did state they do not want to pull out and really want the house. I would just let them in to save the peace however lets just say I can't really appoarch my ex and just want to put the whole sorry mess behind me. I thought I was home and dry after exchange but am now really anxious it won't go through. ARGH!

david29dpo

you have exchanged. thats it. he cannot pull out. he cannot withhold any money unless it says so in the contract! you do not have to give him access until completion! hope this helps.

Debt_Free_Chick

Ask your solicitor to confirm whether the contracts you've exchanged give the buyer right of access before completion.

goldbyron

Thanks for this. I have spoken to sol and they confirmed the buyers do not have right to access before completion.

The argument rages on between my ex and the buyers. They just keep requesting access and she just keeps saying no. They are all getting very angry.

Seriously anyone would think they enjoy the stress!

I just hope they don't try to withhold the money or request to sign the transfer of deeds as I really don't want to have to sue them. I just want to sell my house! Honestly I thought exchange meant the end to this.

LittleTinker

goldbyron wrote:

Thanks for this. I have spoken to sol and they confirmed the buyers do not have right to access before completion.

The argument rages on between my ex and the buyers. They just keep requesting access and she just keeps saying no. They are all getting very angry.

Seriously anyone would think they enjoy the stress!

I just hope they don't try to withhold the money or request to sign the transfer of deeds as I really don't want to have to sue them. I just want to sell my house! Honestly I thought exchange meant the end to this.

No need to stress.

If they pull out over access....(which is rather petty)....then they will lose their 10% and you get some extra cash.

Do you really think they will pull out after exchange and risk losing their 10%??? I dont.

david29dpo

correct. my friend is a solicitor and in his 20 years, he has never had anyone pull out after exchange.

pawpurrs

i have known people pull put after exchange, but only because of death and redundancy, I doubt they would be stupid enough over how the boiler works!
Will your ex not let the EA or you have the key and let them in when she is out?

goldbyron

To be diplomatic about my ex - I collected my things on the weekend with my dad. Within 1.5 hours the police were called as I had been assaulted without any provocation. I have bruises on my arms however the damage would have been worse if my dad hadn't held her off me while I escaped.

Needless to say I am never going near the house again and can't wait to complete. I would also advise the buyers to wait for this very reason. I think her mental health and my physical safety are more important than them knowing how a boiler works! They have also knocked at the neighbours asking to come in twice.

I think they are bluffing and if not then good luck to them if they want to go in there!

Bossyboots

As has been said, if they have exchanged they are in a binding contract.

I am with the ex on this one. They don't need access again and tough if they don't know how things work. We had generous sellers who even entertained us one afternoon so our young son would be familiar with the house and she even did my washing because my machine broke down. We were generous with our buyers too, but neither we nor they took advantage and I think visiting six times already is sufficient. We learnt for ourselves how everything worked once we moved in and I can see why she is not inclined to cooperate now.

I have never heard of a property being checked before completion. I cannot think of a single time when anyone I know that has moved has actually done this.