Seller won’t exchange contracts with us

laura_random

This is complicated but I'll try and explain as succintly as possible!

My boyfriend and I are had an offer accepted on a flat in August, we are currently living in a flat which belongs to boyfriends parents. This flat has been sold, and we are due to vacate on a set date mid October. Our solicitor informed vendors solicitor a month ago that we would like to exchange contracts early October, and complete on the mid October date.

Vendors solicitors informed ours yesterday that actually, the vendor cannot move until end of October, at the earliest. This is because the flat she is moving too has tenants who will not vacate the property until then. Reading between the lines, the person selling the flat with the tenants seem uncertain of whether the tenants intend to move at all. Up until yesterday, the vendor has been in agreement with moving on the mid October date, although we hadn’t exchanged contracts, so we have nothing legally holding her to that.

We have to move out of our flat on the mid October date, as we have signed our contract and we wouldn’t want to jeopardize the in laws sale in any case. We have no one we can stay with, so we would have to stay in a hotel for at least fortnight, and that’s if the tenants leave on time.

The vendor has also gone on holiday and isn’t answering any questions on exact dates we can move in, or when she’ll be willing to exchange.

We don’t really trust the vendor any more, and we’re really tempted to pull out of the sale. We really like the flat but are worried that we could move to a short term let to wait for the tenants at the top of the chain to leave, and it might drag on and on. We also feel that it shouldn’t be up to us to seek alternative living arrangements. We want the vendor to complete our sale, and she can move to a rental and wait for the tenants in her new property to leave, but so far she has refused to do this.

I just wondered what others would do in this situation really. I hope I've given enough info and it makes sense!

Doozergirl

I can understand why she doesn't want to exchange - her solicitor will advise her not to and her vendor's solicitor will advise them not to all well as she potentially won't have vacant possession. I wouldn't read between the lines that they aren't sure if they are going or not - I would seek clarification from the EAs up the chain, but it is entirely normal that a LL should not exchange contracts until they have vacant possession *just in case* the tenant doesn't go on the notice date. It creates a world of trouble and I promise you that it is better now than to hear that you haven't completed on completion day and genuinely have to find somewhere else to go with absolutely no notice.

I'm not sure it's a reason for not trusting her - It's not her fault that this has happened and nor is it her fault that you have to move out of the place that you are staying in. It's not your fault either but you've set a deadline that can't really be met. It's as unfair to ask her to move out and rent on a six month contract when it sounds like when the tenants do vacate at the top of the chain it will be a very quick exchange and completion.

So it's between the two of you. You're in it together. Some people stick it out and try and work it out together, some start throwing accusations around. Someone needs to compromise but there is not really an argument about who it should be. You don't really want to lose the place, she doesn't want to lose her sale or her purchase. It's unfortunate that you have to be out in Mid-October but property transactions are notoriously unreliable - if there is a problem everyone is stuck. It isn't really her that prevents you from moving in yet - I can of course see why you want her to move out and get on with it, but I'm sure she thinks the same of her vendors.

I have, in a similar situation, moved out and rented. The initial delays were caused down the chain from our buyer's buyers, the subsequent up the chain from our vendor's vendor. It took seven months and I eventually capitulated. It was frankly the worst move I ever made. I hated renting and we could have just broken the chain by staying where we were and buying the new place anyway. None of it was our direct fault but I took it on my shoulders to try and keep everyone happy.

Either way, I wouldn't let delays cloud your judgement of the property, because delays always happen. You have to be as relaxed as you can. If completion is already set for the place you are staying in then try to find somewhere else to be for a while - you won't get in for next week anywhere else so a move is inevitable. If you can negotiate some compensation perhaps but the lesson to learn here is that no vendor or buyer can personally steer a purchase to a set date. Flexibility is key to keeping happy in a chain.

ConfusedDep

This is where it pays to have a good solicitor, make sure they are aware and ask them to put pressure on the other solicitor. Her lack of accommodation is not your fault and don't be feeling too sorry for her. You may not have exchanged but you did have an agreement that she wishes to break.

You made the offer and it was accepted I would put pressure on the Estate Agent selling the property and say what you have said here your thinking of pulling out, she had agreed to the date and you will not be messed about. If they don't want to loose the sale they need to do something.

It really depends on how long the flat was on the market and if you think another buyer will come along and take your place and fit in with the timeline she is hoping to work to. At the end of the day if the tenant does not move out how long would you be prepared to wait? It may be that you come to agreement and split the difference of a week.

I had something similar with my first house and it took five months to sort out but I was living at home so it wasn't an issue.