Update - House buying completed

not_loaded

NASA wrote: »

…In the bedroom they have actually only removed the bed but as I have my own bed at home anyway its just a matter of moving that to my new house. The bathroom stuff seems to be nothing at all apart from removing the cabinet - I can live with that again - its a £62,500 purchase so a £10 cabinet wont stop me completing…

A very sensible approach, as long as that really is all they’ve changed.

NASA wrote: »

…my solicitors who as a result may have carried out the wrong actions. They asked him to ignore this and complete today as if nothing had gone wrong. So I am waiting for them to open their post, if what they need is in todays post, so that they can call my solicitor and let him know what is happening…

I’ve never met a solicitor or conveyancer who will ‘ignore and complete’ on the basis of ‘a mistake – but never mind’.

Maybe they’ve messed up the transfer deed, whatever, but things have to be done correctly, not almost correctly.

Good luck!

NASA_2

not_loaded wrote: »

A very sensible approach, as long as that really is all they’ve changed.

I’ve never met a solicitor or conveyancer who will ‘ignore and complete’ on the basis of ‘a mistake – but never mind’.

Maybe they’ve messed up the transfer deed, whatever, but things have to be done correctly, not almost correctly.

Good luck!

Well, on the new F&F list that is all that has been changed now, so I am content that that is the truth.

I wouldnt have expected my solicitor to have done anything different when faced with their request. It surely could cost me somewhere down the line when it comes to selling the property on etc. (Not that that is in my plans).

I dont understand how this can only be spotted on the day of completion (Or day before). I'd expected to be carrying out some of the initial formalities by this point (Getting electric sorted etc.) and now I am in limbo waiting for my solicitor to ring which, if it hasnt happened yet, is a bad sign in my view.

I get the feeling I am going to be faced with more fees which are not of my making (Or my solicitor (Assuming he is being truthful)).

not_loaded

Well, it should have happened by now…

If the completion date (today) was written into the contract, which it usually is, they have breached and will start to incur the penalty costs for not completing. The seller’s solicitor sounds as though he/she has admitted the error to your solicitor too, which clinches who is to blame.

If you have expenses due to the failure to complete, start totting it up!

If you check the contract you’ll see the penalty rate usually as 4 or 5% above bank rate. To be fair, that’s the penalty YOU would have had to pay if, due to YOUR fault, you failed to complete.

timmyt

NASA wrote: »

I'm due to complete on a house purchase tomorrow after a few months of (mostly) needless worry.

Mortgage sorted, deposit sorted, solicitor fee's paid.

Today, just after three, my solicitors office rang me and stated that they had just received a hand delivered fixtures and fittings list which is 'significantly' altered from what was previously signed up to and agreed.

Two parts that were mentioned were bedroom furniture has been removed and bathroom furniture has been removed. This had explicitly been stated on the original list as being left.

Where does this leave me? Part of the appeal of this house was that it was more or less ready to walk into. Almost like living in a rental property but with a mortgage.

What if they have totally stripped the place? At the very least they have acted in bad faith. At the worst they have potentially ruined what I had hoped to be home for quite a while.

Does a contract mean anything?

your lawyer should threaten that a Notice to Complete will be served at 9am on the day of completion, as they are not able to peform their contract.....unless they reinstate the items or provide a money substutute to you satisfaction.

NASA_2

not_loaded wrote: »

Well, it should have happened by now…

If the completion date (today) was written into the contract, which it usually is, they have breached and will start to incur the penalty costs for not completing. The seller’s solicitor sounds as though he/she has admitted the error to your solicitor too, which clinches who is to blame.

If you have expenses due to the failure to complete, start totting it up!

If you check the contract you’ll see the penalty rate usually as 4 or 5% above bank rate. To be fair, that’s the penalty YOU would have had to pay if, due to YOUR fault, you failed to complete.

Well, the date written on the contract was the end of September, that was for my protection as I had to wait for the money I am using for deposit to be released my way and couldnt be absolutely sure that it would come through when it was expected.

When it did we quickly moved to solicitor organising for mortgage being paid over and I wrote the cheque for the deposit and it was agreed with their side that yesterday was the completion date. I assume the written contract will override the spoken one.

I've therefore no idea if I am due anything for them not being in a position to complete yesterday.

If this is going to cost me more money then I'd be interested to know if I can make a complaint against the solicitor the seller used.

timmyt wrote: »

your lawyer should threaten that a Notice to Complete will be served at 9am on the day of completion, as they are not able to peform their contract.....unless they reinstate the items or provide a money substutute to you satisfaction.

I'm content with the F&F list now. They removed a few items that werent all that important. Maybe cost me a couple of hundred pounds at most.

NASA_2

No further movement today sadly.

The EA did send me an e-mail though - which was a pleasant surprise - we ended up agreeing that it was a bit shoddy of the solicitors to !!!! this up. I rang my solicitor but didnt hear anything back. Very frustrating.

NASA_2

Still no call back from solicitor. Its really beginning to !!!! me off. My money is sitting in their account while all this is happening.

azkaban420

That's pants NASA, have you called your solicitor again to chase up? Hope it gets sorted for you asap.

Az

NASA_2

azkaban420 wrote: »

That's pants NASA, have you called your solicitor again to chase up? Hope it gets sorted for you asap.

Az

Haven't tried ringing solicitor since Monday but would like to think they would be able to keep me up to date even if it is only to say there has been no change.

Although I am buying in the town where my solicitors are based I work elsewhere so need to take time off if calling in person.

Just really disappointing.

azkaban420

NASA, I'd pick up the phone and ring them. If they can't be relied on to call you back and keep you informed, you need to call them and give them a kick up the a**e. You're the one paying them for a service and they should be doing their work...I'm grrr'ing for you lol!

Az