Purchased house, paid deposit - seller still going in/out?

Lola19

Hi,
I was just wondering if anyone could help me.

I purchased a house at auction and paid my 10% deposit. I have an appointment to see my solicitor next week to get the rest of the money paid. The seller is still going round to the house and 'doing things'. Is this allowed or not? I thought that as soon as the hammer fell the house was mine as although I still have money to pay, the sold sticker has been put outside the house and I had signed a legally binding contract?

I don't want to get the keys next week and find out that the seller has been doing 'stuff' inside as the house I bought at auction is the house I wanted.

Thanks for your help.

bitsandpieces

With a normal sale, the house isn't yours till completion - the seller could (often does) live in it between exchange and completion. It would be quite legit for them to remove furniture, fittings not included with the sale, etc. I don't know if the rules are different for auctions?

Whether the seller is allowed to be 'doing things' rather depends on what they're doing. If they're stripping the fixtures which should come with the sale or trashing the place, that would be an issue. On the other hand, if they've just been round to give the place a good clear then I presume you wouldn't object!

billybear1

bitsandpieces wrote: »

With a normal sale, the house isn't yours till completion - the seller could (often does) live in it between exchange and completion. It would be quite legit for them to remove furniture, fittings not included with the sale, etc. I don't know if the rules are different for auctions?

Whether the seller is allowed to be 'doing things' rather depends on what they're doing. If they're stripping the fixtures which should come with the sale or trashing the place, that would be an issue. On the other hand, if they've just been round to give the place a good clear then I presume you wouldn't object!

Agreed, if bought at auction, why was this? If it was due to imminent repo, then I would be worried. If it was for bereavement then probably just to clear stuff. Ask (and let us know) why it was up for auction and what they are doing.

Out of interest how do you know they are going in and out?

Lola19

I know they are going in/out as I only live 3 doors away at the moment. The house was sold as the person living there was an old man who went into a home. The family have been round today as I saw them but I am sure they have been round at other times too. I thought they would have had to give the keys in when the house was sold?
They had weeks before the sale to do whatever they wanted, which they have been doing almost every day, I was just unsure as to why they are still going in/out as they are leaving gates open etc and I was worried about the safety of the property too. If there was a break in I suppose that I would have to pay for the damage?

thanks again

zappahey

I would have thought the house was still theirs until you paid the full price.

phill99

You don't own the house yet it's still owned by the estate of the deceased person.

You have exchanged contracts which simply means you are contractually bound to pay an agreed sum of money (the rest of he agreed sale price) to the vendor at an agreed point in time (the completion date). On that date the property is conveyed to you and you then have legal ownership. Until then the executors or beneficiaries of he estate can go and 'do stuff'. Thy are probably clearing out the effects of the deceased and re perfectly entitled to do so.

G_M

Until Completion, when you pay the full amount, the property is not yours.

No reason why the seller should not go in, sleep there, clear out personal belongings, do whatever they want (provided the property itself is the same at Completion as at Auction - ie they can't knock down walls and remove the bricks!)

When the hammer fell, you were legally committed to buy. That is not the same as having bought.

sabretoothtigger

Not to worry the OP, but who carries insurance in the mean time if there was a fire, etc

billybear1

sabretoothtigger wrote: »

Not to worry the OP, but who carries insurance in the mean time if there was a fire, etc

I was going to ask this, surely if the rest is correct, the seller?

G_M

sabretoothtigger wrote: »

Not to worry the OP, but who carries insurance in the mean time if there was a fire, etc

No different to the position between Exchange of Contacts and Completion in a 'normal' sale.

It depends on the contract. In some, the seller undertakes to insure, in others he does not and the buyer is wise to do so.

If in doubt, insure. Better to have 2 policies in place for a week or two rather than none!

Lola19

Thank you all for your help - I have never been in this situation before as when I sold my house I didn't go near only to hand over some keys I found etc. I thought this was the correct thing to do.