Advice required regarding stubborn vendor.

Laurenj22

Hi

I was hoping someone could advise on our current situation.

Offer placed on a house and accepted 01/06/2011. Property being sold as a result of a relationship breakdown and advertised as no forward chain. (Only Mr living in property)

We already had a mortgage offer and completed the full application 03/06/2011.

Offer received 10/06/2011 and searches paid for and started 15/06/2011.

Vendor called EA querying our "commitment" as he was reluctant to give notice to his tenants on his other property and was told to give notice as searches had been paid for that afternoon. Explained to EA that we would require completion as soon as possible as living with a relative after selling our property the end of May.

Left for a week and chased EA for update on 21/06/2011 to be told that vendor had still not given his tenants notice and they would require 4 weeks so unable to vacated property until 22/07/11

Searches received back 01/07/11 and solicitor requested we go in to sign contracts and pay deposit.

Spoke to EA 04/07/11 and she has now said that vendor not wanting to complete until 29/07/11.

This is far too late for us as it means spending the best part of four weeks waiting to get into the property and our current living arrangements are less than ideal.

Our appointment to sign contracts is 10am 05/07/2011 and we originally wanted to complete 08/07/11 or at a push 15/07/11.

EA said that this week was probably out of the question as the request for funds to the mortage lender (Nationwide) would take a week. Are we being unreasonable telling the vendor to move out as soon as funds are released ? We feel he has delayed giving notice to his tenants as he wants a full months rent from them however the property was advertised as no forward chain.

If it were you buying the house when would you expect to complete ?? Not sure if I'm being unrealistic.

Thank you in advance


**Sorry edited this as the rented property is actually the vendors other home not the property we are buying**

sharpee

Sounds like the LL wanted his cake and to eat it!

BitterAndTwisted

Yes, the landlord does want his cake and eat it. No sensible vendor or their solicitor would agree to exchange contracts until the vendor has full vacant possession. If you're planning to buy this place with a mortgage your lender would not agree to release the funds either under those circumstances in any case.

This could take months and months to resolve

agrinnall

Your entry date will be entirely dependent on when the tenants actually leave, you need to speak to your solicitor about this as the chances are that the tenants are entitled to 2 months notice from the LL and if they don't want to leave the LL will have to go to court in order to get them evicted. Also Nationwide are unlikely to release the mortgage finance while there is a tenant in place. I assume of course that you're buying the property to live in rather than a buy-to-let.

Edit: Beaten to it by B&T

Laurenj22

Sorry I've edited my original post as I haven't explained the situtation clearly, apologies to those who replied.

Bogof_Babe

I don't understand. In your OP you say "only Mr (of the separating couple?) living in property", so who is the tenant?

Edit: sorry, now I do understand.

BitterAndTwisted

The vendor has two properties: the one he lives in which is the one he is selling and another which is tenanted. Presumably the vendor needs to give notice to the tenants so that he can move into it once the first property is sold.

Tell your vendor that his own living arrangements are not your concern. Threaten to pull out if he does not commit to an exact exchange-date and be prepared to walk if he doesn't.

Laurenj22

BitterAndTwisted wrote: »

The vendor has two properties: the one he lives in which is the one he is selling and another which is tenanted. Presumably the vendor needs to give notice to the tenants so that he can move into it once the first property is sold.

Tell your vendor that his own living arrangements are not your concern. Threaten to pull out if he does not commit to an exact exchange-date and be prepared to walk if he doesn't.

Thank you I thought this might be the response and will take this on board when we speak to the solicitors tomorrow.

BitterAndTwisted

If the sale is that important to your vendor he can go into rented for a couple of months.