Help! nightmare buyers!

greenway70

Apart from having the boiler serviced then yes we've told them to do one lol just seems like they were delaying.
Anyways spoke to solicitor they, after entering the house and garden have exchanged contracts and handed over the full amount of money, but not completed!. He then said the buyers have said they will complete but hold back £500 till its cleared but still havent said whats supposed to be cleared! I declined as we are losing money on the house sale, its not like we are gonna be any better off and theres no telling when they are going to be satisfied!
The keys are at the estate agents still. So I have again gone back offering the money for a skip or my husband and friend will go round tomorrow but that depends when they finish work and when it gets dark.
Only worry now is if they decline again ask for their money back and as they never paid an official deposit whether we have to fight for some of that back
We cant find any rubbish unless they expect us to cut back all the weeds -thanks weather- and dump that!

maninthestreet

How can the buyer have paid you all the monies owed under the contract, but still not completed? How can they hold back £500 if they have paid you all the money that the contract stipulates??
They don't appear to have a legal leg to stand on - as their solicitor will tell them if they ask for their money back. Do they think they've bought a TV from Comet or a sofa from John Lewis, and that the SOGA applies??

Taadaa

Have you gone and looked? Maybe someone has fly tipped.

maninthestreet

If the current situarion is that the buyer has paid all the monies due under the contract LESS an amount of £500 until their demands are met in relation to this 'rubbish clearance', then surely they must be in breach of contract by now if exchange AND completion was meant to take place last Friday???

pmlindyloo

This seems to make no sense whatsoever.

What on earth is your solicitor doing?

You are paying him/her so it is up to them to tell you exactly what is going on.

Telephone them immediately and ask them what your legal position is and exactly what has happened.

maninthestreet

Indeed - the OP's updates are confusing and contracdictory.

terrierlady

a good sols will ring you on the day of exchange to ask if you still want to go ahead and to confirm completion date most sols are good at this just the odd bod not used to doing so,however by now you will have found out the true position and sorted im sure.

greenway70

maninthestreet wrote: »

If the current situarion is that the buyer has paid all the monies due under the contract LESS an amount of £500 until their demands are met in relation to this 'rubbish clearance', then surely they must be in breach of contract by now if exchange AND completion was meant to take place last Friday???

Yes they've paid the full amount but for some reason my solicitor won't release it to our mortgage company or us, I presume because they won't sign whatever to complete but they were willing to release everything apart from the £500, they've not kept it back per say and said we can have that when the so called rubbish has cleared.

We haven't heard back from the solicitor since this morning, so haven't a clue what's going on, we've offered them money for a skip just so they'll complete and go away but as far as I've heard as they've now exchanged they have 10 days to complete anyway? I'm tempted to ring another solicitor to ask for advice, any one know a good one?

greenway70

maninthestreet wrote: »

Indeed - the OP's updates are confusing and contracdictory.

sorry it's probably coz I'm as confused as you!

Oxid8uk

I'm still confused!

greenway70 wrote: »

Yes they've paid the full amount but for some reason my solicitor won't release it to our mortgage company or us, I presume because they won't sign whatever to complete but they were willing to release everything apart from the £500, they've not kept it back per say and said we can have that when the so called rubbish has cleared.

Your solicitor won't release the funds or their solicitor won't release the funds to your solicitor?

greenway70 wrote: »

We haven't heard back from the solicitor since this morning, so haven't a clue what's going on, we've offered them money for a skip just so they'll complete and go away but as far as I've heard as they've now exchanged they have 10 days to complete anyway? I'm tempted to ring another solicitor to ask for advice, any one know a good one?

So I take it you have exchanged contracts then but not completed yet? If you haven't yet completed then you should have agreed a completion date at the point of exchange. The buyers are legally bound to complete on that date for the amount they agreed to on the contract. They cannot 'withhold' money or delay completion as that will be breach of contract. Due to these reasons I wouldn't worry about the rubbish issue.

The buyers solicitor won't release the funds to your solicitor until the day of completion.