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Seller Refusing To Grant Vacant Possession
Comments
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dont refuse to complete based on her not reducing the price by 700 quid after exchange that puts you in the wrong. You must refuse based on not getting vacant possession. Please call your solicitor at 9am on Monday and let us know what he saysI am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
I have to agree. It is a subtle point, the £700 is only put forward as an an alternative to not completing .dont refuse to complete based on her not reducing the price by 700 quid after exchange that puts you in the wrong. You must refuse based on not getting vacant possession. Please call your solicitor at 9am on Monday and let us know what he saysHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
I hate to say this, lou7603. This sounds like it may be much more trouble than it's worth
It sounds to me like she thinks she has you exactly where she wants you & that you will have no choice but to do as she wishes.
You need advice from a good solicitor which I'm not but my own instinct would tell me that, if you are still in a position to refuse to complete yourselves, threaten to pull out and to take action against her for some form of compensation for the hassle & the costs involved in any alternative accommodation etc. (I don't know whether that would even be possible but .....;) )
You may not think it now but you may actually be far better off if the whole thing fell through. It sounds like you might face a costly nightmare by taking it on, anyway.0 -
technically very true, but if you need to move, 700 quid vs a move called off plus legal battle fees...dont refuse to complete based on her not reducing the price by 700 quid after exchange that puts you in the wrong. You must refuse based on not getting vacant possession. Please call your solicitor at 9am on Monday and let us know what he says0 -
Its not the 700 quid though is it? Its the responsibilty of looking after the dead persons stuff while it goes through probate that is what I would be taking issue with. Even if you get the 700 quid off, pay for the disposal, then where do you stand when the probate solicitor comes to you saying the stamp collection you threw out was worth thousands and the deceased had bequeathed it to a great grandson who wants it? No, for me, you must insist on proper vacant possession on this one.rexmedorum wrote: »technically very true, but if you need to move, 700 quid vs a move called off plus legal battle fees...I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
I'd be very tempted, if forced to pay the £700, to pay a bit more and have it delivered to her. I might even hire a van and do it myself."If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0
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Or at the very minimum have the vendor certify that all goods are abandoned and free of bailment.No, for me, you must insist on proper vacant possession on this one.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
I'd be very tempted, if forced to pay the £700, to pay a bit more and have it delivered to her. I might even hire a van and do it myself.
You're evil, I like you!
Unfortunately, it's also fly tipping isn't it?Debt Free! Long road, but we did it
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My other best friend is a filofax.
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Ultimately we need to move in there tomorrow
That is the key point! can you actually move in whilst all this stuff is still there?
If you can, and if you have to move in, that really limits your options. The best you can do is to move in, dispose of the stuff, and then sue for the cost. In practice, as I am sure your lawyer will tell you tomorrow, it is not really worth while suing for £700.
There is also the issue of responsibility for the stuff left in the property, which the vendor confirms is not her own stuff.
My own preferred option for this is undoubtedly not to move in tomorrow. Instead, you serve a completion notice on the vendor, which puts her under pressure. There are penalties for her failing to complete on time, so this is undoubtedly your strongest option. In principle, she is responsible for all of your costs, including hotel bills if you are unable to move in tomorrow, as well as storage costs for your furniture and other possessions. In practice, getting her to pay for these additional costs may be more difficult, but you have the ultimate sanction of simply not buying the property.
As others have said, you need to speak to your solicitor about this.No reliance should be placed on the above! Absolutely none, do you hear?0 -
You're evil, I like you!
Unfortunately, it's also fly tipping isn't it?
I do not see how it can be fly tipping if you are simply returning to somebody the stuff that they left at your property. It is certainly an interesting solution, and I recommend discussing it with your solicitor tomorrow.No reliance should be placed on the above! Absolutely none, do you hear?0
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