Help! nightmare buyers!

greenway70

Our solicitor has the funds, we don't have a completion date, only just found out that one was needed for them to exchange, so will ring solicitor and ask about that.
We didn't know they had exchanged till our solicitor rang us yesterday and told us that's what they've done, aswell as paying the full amount.

maninthestreet

Things are now even more confused - wasn't exchange and completion meant to be on the same day (last Friday)? If that's not the case, and only exchange has taken place, why has all the money owed under the contract already been paid to your solicitor (this should take place on the day of completion, AFAIK). What happened to the £500 the buyers were apparently threatening to withold? As exchange has taken place, the buyer is obliged to complete on the date agreed (whatever that date maybe), or otherwise be in breach of contract. They can't use this 'rubbish removal' issue to prevent or delay contract completion. When I moved into my current property there was a rusty old wheel barrow with a flat tire in the back garden, and there were a number of rolls of old carpet and vinyl in the garage, along with half a bag of cement that had gone solid. It was my responisibility to remove this 'rubbish', as I was now the
owner of it.

greenway70

Yes until 1pm last Friday the only message our solicitor told us was that the were 'thinking' of completing that day, we never got a definate answer, I spent everyday ringing the solicitor asking if he'd heard that it was happening, his reply was as far as he's aware, then we got a phonecall saying they would be exchanging and completing Monday, provided the buyers were happy as they were going to the house to check it over, we said fine as we could go and clean the house and check we'd got everything.
Monday came and I rang our solicitor who said he had received the full amount, they'd been to the house and were unhappy with the rubbish. So I asked what it was and we'd go move it, later we got a phonecall saying they expected us to pay for a skip, which they'd arrange and we had to come move it, we said no. Mostly because we feel they'd use it for their own items.
Today was a nightmare trying to get hold of our solicitor, he confirmed they'd only exchanged and payed the full amount to him and weren't going to complete until they were happy, I am presuming nothings been written down, which is when he said they'd be happy for him to pay us the money bar £500 which he would hold until they happy. Again we said no, I got a quote of £85 from a company which we then said we'd give them, and now we are waiting for a reply.

phoebe1989seb

Really don't understand how you could get to exchange (and beyond) without having arranged a completion date. Our buyers last year discussed tentative plans for a completion date on their first viewing......and as it happened, despite a fire in the offices of one of the solicitors acting for a person in the chain days before exchange, we had it in our sights the whole time and managed to complete within a day or two of that date.

Regarding the alleged 'rubbish' at the property, like maninthestreet says, we once bought a house that on completion was found to have over 50 items of old manky furniture inside........we had fun with sledgehammers chopping it up for firewood (no valuable antiques, worse luck), did masses of runs to the dump and never once considered getting the vendor to pay for clearing it.......

Hope you get it sorted soon OP - but it sounds like a right old mix up to me

greenway70

Haha that's what we didn't understand, how can they have paid without completing, and why would their solicitor allow them to do it!
We had never agreed a date, we said at the beginning of April that the 27th would be good being a Friday and end of the month trying to be helpful but we didn't hear anything from the buyers for 3 weeks, we were expecting to go back on the Market! then like I say last Monday we got the call about possibly completing on the Friday and it wasn't until 1pm ish that we agreed that Monday was when it'd all happen
Eugh haven't slept in over a week and I've got two ill little kiddies from being in the rain helping clear the garden/garage/house all weekend
Oh and thank you all for reading my tired confusedness

maninthestreet

I would be asking your solicitor what term or condition in the contract allows the buyer to delay or prevent completion occurring, and how can they do that if the buyer has already actually paid all the monies owed under the contract to your solicitor.

jc808

maninthestreet wrote: »

I would be asking your solicitor what term or condition in the contract allows the buyer to delay or prevent completion occurring, and how can they do that if the buyer has already actually paid all the monies owed under the contract to your solicitor.

Id be considering firing the solicitor and reporting them to the relevant trade body. Do they have the slightest clue what theyre doing?????

greenway70

Well this morning I again rung our solicitor and he then said they hadn't even exchanged!!! they wouldn't accept our offer of £85 so have said that we have to pay £250 and still won't confirm what it is we are supposed to have cleared.
Our solicitor said he has to send back the money today they've paid as it has to go back to the mortgage people and they would then have to re-apply for it once they were happy to exchange etc

My first thought was, so you expect us to now wait till they are 'happy' to proceed and what if they drag it out for months.
We have had enough now so I have given a final offer of £150 or they lose the sale and house goes back on the Market today.

I'm so angry that we were told they'd exchanged, to find out today they haven't, it's pretty much gonna be my word against the solicitors

Least if it goes back on the Market we can change solicitors

Credit-Crunched

greenway70 wrote: »

they wouldn't accept our offer of £85 so have said that we have to pay £250 and still won't confirm what it is we are supposed to have cleared.

I appreciate that you are stressed, but please can you sit down and not write from the heart, put in bullet points what has happened, what your sols say, what their sols say and what the first time buyers have said.

I do not wish to appear rude but to understand your situation at present is like trying to understand a 2 year old on Christmas morning, it appears like inane ramblings!

Take a deep breath and explain.

If i get the just of things you have been quoted £85 to clear the house, correct? Pay it, tell the vendors that it is clear and you wish to complete.

If they come back with any other request to change wall colours, light fittings, knifes in drawers, kindly decline as they are playing you.

paddy's_mum

Your buyers are stupid beyond belief! Are they really, truly, going to risk losing all the fees that they have already paid out over the costs of a skip or two? Sounds like their solicitor is not giving them much guidance in the realities of life if they are still coming up with all these 'threats' and the associated codswallop.

Your solicitor needs shooting - unprofessional doesn't begin to cover it!

Good luck but I do hope your solicitor doesn't expect to be paid for his orchestrations of such a massive snarl-up!