Nightmare between exchange and completion of house sale

Lootos

I would be most greatful for some advice.

I exchange on my property and also allowed a key undertaking for works on the outside of my property. My buyer proceeded to blitz my flat completely including breaking down all the walls, removing the bath sink kitchen units dado rails floor boards skirting boards etc. I only realised this on a visit to my flat a couple of days after exchange. I reported this to my Solicitor who did some enquiers the reply from the other Solicitor was shocking giving all the excuses possible for reason why all my walls had been taken down and finally that they would continue works on the property. As my completion date is not until September over one month from now, my heart is in my mouth daily.

finally I decided to go round to take pictures as evidence incase this is needed; only to find the keys to my property had been changed.

What on earth do I do ? I was just looking for a simple house sale and took at least 40K of my property for this buyer who claimed to be a property developer and was prepared to do any works needed on the outside of my property in order to get his morgage agreed. I have never spoken or seen this buyer but my sale was handle by what i thought was a reputable agent.

does any one have any ideas ? Has anyone experiened this or are there any developers out there that can enlighten me please

go_cat

OMG!!! Why on earth has your solicitor allowed you to hand over your keys before completion.

They haven't even paid for it yet

Did you tell your solicitor what you planned to do?

casperlarue

Hello Lootos, what a nightmare situation for you to be dealing with.

Firstly, you have definitely exchanged haven't you? Did your solicitor ring you and say that your sale is ready to exchange and complete with dates set for this to happen? Good news if you have exchanged is that your buyer is legally bound to complete ie. pay up for the property. However the property still belongs to you at the moment, so I understand why you are so nervous about him being in there.

You really need to speak to your solicitor as a matter of urgency, I would think a strong letter telling him to cease all works until completion and to make safe what he has done is required, together with the lock being changed back and you having the keys.

If you sold through an Estate Agent your buyer should not have the keys yet.

Really you must get legal advice asap.

bitsandpieces

I'm assuming the property is in England or Wales? I don't think it's that uncommon to allow access between exchange and completion so that - for example - the buyer can redecorate. You'd often take a deposit in these circumstances - in case, for example, the builders do a bit of damage in the course of their work. This type of major structural work seems far more of an issue, though - breaking down all the walls :eek: - and I'm assuming you haven't given permission for this.

I'd speak to your solicitor ASAP. If you've exchanged then the buyer is committed to the sale, but there is the risk that - if for example they don't have funds to complete - you're left with a trashed property and not enough of a deposit to cover the damage :eek: Of course, you could sue the buyer over this, but if it turns out they don't have the money to cover the damage...

Lootos

Yes I have definately exchanged my Solicitor did give me a call and my property is in England. I realise now how uncommon it is to allow access into my property and I do have an estate agent who introduced the buyer. I feel very stupid for allowing both the agent and my solicitor to advise me on accepting this request to allow access. All I wanted to do was sell my property as normal. I have and had no interest in being involved with works to the property.

My solicitor has asked that the works be stopped as they have breached the agreement but they have ignore this with cheeky comments. It is now believe that this man deceived and lied knowing fully whell what he wanted to do to my property. He had done none of the works stated in the Licence to access the property but instead is doing a full guttering of the property including knocking down 3 walls, floor boards etc

I will be back to my Solicitor but I truely feel defeated. I have now got the support of my Agent whom I believe did not give me a true picture of this man. While he did not give me enough information to make a clear judgement as to weather I would accept what he would and is doing.

The deposit of 10% could never cover the damage as it is at present. Basically I am really worried and just wondering how i can ensure my investment which is mortgaged is safe and at the end of it I can pay the mortage back.

bitsandpieces

I'd ask your solicitor for advice on how to proceed. If they're unhelpful, ask to discuss the case with a senior partner. It's not just a case of accepting 'cheeky comments' and then leaving things there...

I don't know about the current situation, but it didn't used to be *that* unusual to allow access between exchange and completion. This wasn't access for major work, though.

PasturesNew

You say it's a flat. They'd have needed the freeholder's permission for this work too.... and probably several party wall agreements. Maybe they also needed to have registered the start of work with the Council for building regs.

I've no advice.... I am as horrified as you!

All the best.

PasturesNew

Oh ... as it's your flat still, you could have a locksmith break/enter the lock and change the lock. They will do that as you can prove it's yours; your buyer can't do the same as he can't prove it's his place.

Just a thought in case you get desperate.... although I've no idea if he's got squatter rights now.

bitsandpieces

PasturesNew wrote: »

Oh ... as it's your flat still, you could have a locksmith break/enter the lock and change the lock. They will do that as you can prove it's yours; your buyer can't do the same as he can't prove it's his place.

Just a thought in case you get desperate.... although I've no idea if he's got squatter rights now.

I was wondering about that - whether you could just get entry forced or whether the buyer could claim some rights of occupation. Messy - but hopefully the solicitor can help.

If there has been a lot of damage done, it may be best to negotiate a solution if possible - even if you could retake the flat, you probably don't want to be left with a severely damaged flat and no buyer :eek: Hope the solicitor can advise, though.

Lootos

PasturesNew wrote: »

You say it's a flat. They'd have needed the freeholder's permission for this work too.... and probably several party wall agreements. Maybe they also needed to have registered the start of work with the Council for building regs.

I've no advice.... I am as horrified as you!

All the best.

I just wonder if he does have building reg... would the council grant you this if its not your property. Surely they would not he practically started the works as immediately exchange happended. :eek:
How long would he need to register the start of the works with the Council.

This is why I suspect my Agent toooo. Because he would have to have access to plan all this before exchange surely.

Lootos

I get on with my Freeholder and he is very easily contactable he would have called me up or contacted my Solicitor if works of such were brought to his notice. Even if to say thats fine.
Would I dear call the Freeholder now and risk this person running away having left my property with thousands of pounds worth of damage.

This is Hell on Earth