Vendor's gone AWOL - does this sound fishy?

jozbo

We're 3 months into a flat purchase. All the work has been done our end (mortgage offer in place, surveys, fix and fittings signed and returned). However we are questioning the motivations of the vendor/s and getting concerned that the purchase will never happen.

The chief delay is with the leasehold management pack. I've heard these often take ages to come back but as our vendor wrote that the freeholder was the council rather than the HA on the original documents, we waited over a month before the HA got it and could start the process.

Now we are chasing the EA regularly but are being fobbed off, apparently they can't contact the vendor, who is divorced from his wife, some years ago. There was a CCJ at the time for the wife to remain at the address with child. At the time of placing the offer we were assured that she would be moving abroad and they are fully intending to sell the house. Mr vendor lives elsewhere. Recently he went on holiday and said would be back on 1 Aug, then has been uncontactable since except for apparently emailing his sister that he would 'stay on a bit longer'.

I have threatened the agency that we'll withdraw if no news by Monday, my excellent solicitor also said they are just useless but need the pressure. He suggests that there may be negative equity or animosity between the split of funds. I am starting a new particularly stressful job at the beginning of Sept and had hoped to be in by then but that's now not going to happen. :mad:

Does this sound like a deal that'll never happen? Should I reduce offer by costs of extra month's rent?

In other circumstances we might have pulled out by now but the place is ideal for us and we have agreed a good price. If this fails we will have to look for rentals, although at the moment can't stomach that when prices are so much higher than what we pay now for our tiny flat, which is busting at the seams.

Advice urgently needed please!

camptownraces

Have you ever met the vendor or the (former) spouse, and if so did the story stack up?

Solicitor to solicitor is the way communicate. Your sol might very well have put the situation in a nutshell.

No point in putting on the pressure via the Estate Agent, especially as they seem more than usually useless, and they will spin any old yarn just to keep you in the loop.

jozbo

Thanks for your reply.

Yes, i met the wife and asked her about her plans to move abroad - all seemed legit.

The problem with sol to sol is the vendor's is premier property lawyers, and are completely crap. What we need is the vendor to pressure his own solicitors, but as he's not contactable we can't communicate this.

Considered putting a note through the door with my number? We want to view again and hopefully get to speak to the wife (apologies don't want to say names! What do you think?

camptownraces

Can't do any harm, Jozbo. At worst she'll ignore it, but you may get quite a lot of info if you're lucky.

jozbo

thanks, I'll give that a go and see what happens...:o

jozbo

Would appreciate some thoughts on this as the situation has persisted...

We have managed to view the flat for a third time now with an (extremely positive) EA, which leads me to believe that they expect the sale to go through, as otherwise wouldn;t be desperately trying to keep us onside. Why would they waste their time when no commission was to come out of it?

At the time of viewing we were told that the ex-wife and child 'will move out within a month'.

However we still dont have an exchange date as there are still delays on the lease coming through. My solicitor says that there's a restrictive covenant on the sale of the house without the ex-wife's consent. Every time I've viewed, she seems OK with us looking round and happy to help, and says she's keen to move ASAP.

My sol thinks that the vendor may have done a runner as could be in negative equity... how would this make sense, if he put it up for sale??

Would really appreciate thoughts as I feel I'm missing something crucial and being led up an alley!

Obviously aware this one may never happen, am keeping an eye on other properties up for sale but nothing similar's come up.

DVardysShadow

jozbo wrote: »

Would appreciate some thoughts on this as the situation has persisted...

We have managed to view the flat for a third time now with an (extremely positive) EA, which leads me to believe that they expect the sale to go through, as otherwise wouldn;t be desperately trying to keep us onside. Why would they waste their time when no commission was to come out of it?

At the time of viewing we were told that the ex-wife and child 'will move out within a month'.

However we still dont have an exchange date as there are still delays on the lease coming through. My solicitor says that there's a restrictive covenant on the sale of the house without the ex-wife's consent. Every time I've viewed, she seems OK with us looking round and happy to help, and says she's keen to move ASAP.

My sol thinks that the vendor may have done a runner as could be in negative equity... how would this make sense, if he put it up for sale??

Would really appreciate thoughts as I feel I'm missing something crucial and being led up an alley!

Obviously aware this one may never happen, am keeping an eye on other properties up for sale but nothing similar's come up.

Agent will spend time on it because they are in a similar position to you, in that they have invested effort and it is slightly less effort to continue with this having a buyer in place than to drop it and put their enegies to a property with no buyer as yet.

The problem as I see it is that there is a divorcing/ed couple. These sales are always more difficult because there are negotiations between the ex's to which you are not a party.

Yes it cold be in negative equity. Equally, the 2 ex's could be disagreeing about the price they have accepted.

jozbo

Seems the situation is that there is a restriction on the title requiring ex wife's consent for the husband to sell.

My solicitor seems to have given up as communications with vendor's sol are so poor. Nonetheless, I am pushing him to continue badgering them as our mortgage offer expires in a month.

We had a purchase fall through 2 years ago and were really hoping for this one. Unfortunately with the vendor still uncontactable it looks like another disappointment... would not be surprised now if this doesn't happen.

Would I have any recourse for reimbursement? We've put in c 2k on all the fees. A long shot perhaps...

jozbo

gutted.... vendor has just pulled out after an infuriating long and slow purchase.

back to looking again now...! one day i WILL own a flat!

phoebe1989seb

Very sorry to hear that - especially after your previous experience. I guess that however hard it may seem at the moment you just have to console yourself that it just wasn't meant to be and that something better will turn up.......we once lost a house we absolutely loved the day before exchange (we were gazumped) and felt we'd never find anywhere as nice, but after a long time searching we did eventually find our dream house - hopefully you will too

Yorkie1

Commiserations.