Due to complete on exchanged property on Monday. What about the weather!?

RichHikins

Hi,

I would call my solicitor but it's a Saturday.

We have exchanged on our new home last Friday and completion is for Monday 20th. We have had 8" of snow today and I do not think they will be able to move out of the house we are buying as it's quite hard to access and the snow only seems to be getting worse.

For us we are ok as we sold over 3 weeks ago and have our stuff in storage and staying with friends.

My questions are: What happens if they can't move out of our new home? Has this happened before? We are already crazy as at the start we wanted to move at the end of November. They have delayed us till the 20th.

Thanks in advance for the replies?
Rich

molerat

They will be in breach of contract and all that entails, simple.

G_M

And you will be entitled to a) enforce Completion and b) compensation.

However, since it appears there's no chain, your stuff is in storage and you are living.... with family???..... well, it's not the end of the world and hardly their fault, so I'd hope you'd be understanding. They ar probobly more desperate than you to move!

See thread here...yuchk!

whitesatin

RichHikins wrote: »

Hi,

I would call my solicitor but it's a Saturday.

We have exchanged on our new home last Friday and completion is for Monday 20th. We have had 8" of snow today and I do not think they will be able to move out of the house we are buying as it's quite hard to access and the snow only seems to be getting worse.

For us we are ok as we sold over 3 weeks ago and have our stuff in storage and staying with friends.

My questions are: What happens if they can't move out of our new home? Has this happened before? We are already crazy as at the start we wanted to move at the end of November. They have delayed us till the 20th.

Thanks in advance for the replies?
Rich

Gosh, you sound just as much of a worrier as I am! I already have a post asking about moving in the snow.

I am in almost the same situation as you are, completing on Monday, hoping to move Tuesday but what can you do, really, but wait and see what happens. The weather can be surprising.

tyllwyd

If they can't move out of the house you are buying, doesn't that mean that you won't be able to move in that day either? So it hardly seems worth kicking up a huge fuss about it.

You could have a look at your contract if you have a copy - I wonder if there is any force majeure clause saying that it's not their fault if completion can't happen due to extreme weather conditions ?

Doozergirl

If they can't move out or complete without giving you vacant possession then you'll be entitled to interest on the full purchase price at the rate quoted per day until they can move out. It happens sometimes; it's taking a risk trying to complete just before Christmas!

RichHikins

Hi all.

Thanks for the replies.

I am not really bothered about compensation... just want to get into our new home and setup before Christmas.

The main reasons I ask are the following:

1. We have a 17 month old daughter.
2. We have all our stuff and daughter in a little room at a friends.
3. We are out staying our welcome.
4. We have family coming for Christmas.
5. We were happy to have completed 4 weeks ago!

It was just a question about what to do, the snow hasn't let up and we are now under 10"... I suppose we will have to wait for monday and see. We just hope they do their best to move out and not use the weather as an excuse!

Again thanks for your help and I will try and post on Monday if the news is good!

Doozergirl

Sweetheart, we all have our reasons, you don't need to justify why you want to move into a house you're contracted to move into on Monday. But if they don't move out on Monday, it will be for a reason as well, not an excuse. They've agreed to sell you the house and I'm sure that's what they want to do -- the cash in the bank will be nice for Christmas! But they can't control the weather, neither can you. Five days before Xmas was always going to be close for comfort.

Fingers crossed it holds out for you and the roads have the opportunity to clear.

Nuttyneddy

Good luck for Monday!

I am interested to know what happens in the case of extreme weather as we will shortly be moving 200 miles - I'm not sure what happens if either we wake up on completion day and are unable to leave because of snow, or worse we set off for our new home and the vendors have been unable to leave! (I guess we sleep in a layby somewhere in that case :eek:)

G_M

RichHikins wrote: »

Hi all.

Thanks for the replies.

I am not really bothered about compensation... just want to get into our new home and setup before Christmas.

The main reasons I ask are the following:

1. We have a 17 month old daughter.
2. We have all our stuff and daughter in a little room at a friends.
3. We are out staying our welcome.
4. We have family coming for Christmas.
5. We were happy to have completed 4 weeks ago!

It was just a question about what to do, the snow hasn't let up and we are now under 10"... I suppose we will have to wait for monday and see. We just hope they do their best to move out and not use the weather as an excuse!

Again thanks for your help and I will try and post on Monday if the news is good!

I don't really understand what you are asking? If there's 10" snow and they can't move out, well, you either move in with them (assuming your removal van can get through), or you wait for the snow to melt!

muskoka

I'm also due to exchange and complete on Tuesday. Can;t see it happening due to the extreme weather, but if it dosent' happen its not the vendors fault. It will just have to wait until the weather improves. ITs just one of those things.