Seller faffing on completion date

PoisonIvy

We were due to exchange today. Actually signed contracts yesterday but seller's solicitor is a nightmare to get hold of - even the seller has trouble getting hold of him (allegedly). First we agreed a date of July 21st, which was pushed back due to his solicitor being slow. Then it went to the 27th. We finally agreed on the 31st and signed our contract (via our solicitor) yesterday.

After chasing the EA and seller direct, seller's solicitor emails our solicitor at 5.00 pm stating that the seller now can't move out till August 3rd. This will effectively double our first mortgage payment, not to mention that we'll still have our rented flat to pay for (flat we're buying needs work done so we planned a two week overlap to put in new bathroom etc).

What are our options?

1. Ask seller to split our extra costs?

2. Suggest completing on the 31st but let him come back for the rest of his stuff on the 3rd? ( under our supervision)

3. Delay completing till later in August?

ruggedtoast

If you asked me to pay your mortgage for you because I had delayed completion by three days I would politely ask you to rethink your attitude to the world.

G_M

Agree a Completion date and then Exchange contracts.

I really don't understand the question. Until you have Exchanged, no one has any obligation to the other for anything.

PoisonIvy

Actually it's 13 days, and I am talking about "costs incurred" as a result of those delays. Not paying my mortgage. How is it different than the people who have to put their stuff into storage because of a delayed completion? I constantly see advice given here that suggests splitting that cost.

PoisonIvy

G_M wrote: »

Agree a Completion date and then Exchange contracts.

I really don't understand the question. Until you have Exchanged, no one has any obligation to the other for anything.

Ok, so the fact that we haven't exchanged contracts yet mean that we might have a little leverage? I don't want to be heavy with the seller, he seems nice but a bit clueless, but it's very frustrating to find out at the 11th hour that I have to find an extra grand!

keystone

G_M is right. However, if seller can't complete as negotiated then whats wrong with him putting his kit into store and moving into digs for three days? Oh I know either he's got mortgage problems on his new place or he's only thinking of himself.

Threaten to walk away if you can't complete on the 31st as originally agreed.

Cheers

PoisonIvy

Thank you, I guess what I was asking is negotiation advice. Seller is moving into someone's flat anyway. I have a feeling he just doesn't fancy doing it on a weekday and therefore is pushing for a Friday (which is a weekday of course but a more popular moving day I guess).

mark55man

sorry but the seller doesn't exist to your life easier.

why don't you just wait and exchange at the end of august if you don't want to increase the payment

keystone

mark88man wrote: »

sorry but the seller doesn't exist to your life easier.

Nor does his buyer exist to make his life easier either.

Cheers

Yorkie1

At this late notice, assuming there isn't something reasonable that's come up at the last minute, I'd be pushing for a later completion date as a first resort. Splitting your extra costs (do this through the completion statements / solicitors rather than hoping he'll cough up the cash) is much less attractive. Don't even consider letting him leave his stuff in after you complete.

ruggedtoast

PoisonIvy wrote: »

Actually it's 13 days, and I am talking about "costs incurred" as a result of those delays. Not paying my mortgage. How is it different than the people who have to put their stuff into storage because of a delayed completion? I constantly see advice given here that suggests splitting that cost.

You said you'd agreed the 31st, he now wants to move it back to the 3rd. You haven't exchanged contracts so there is no delayed completion.

You can ask for whatever you like up until exchange.