Delayed completion

Pie_O_My

We were in a chain and completed our house sale on the agreed date. There was however problems with the removal firm we hired (they had 2 other jobs on) and we ended up having to use the buyers removal firm to vacate the property, which we paid for. This led to a delay in the actual move. The buyers were wanting to be in at 1pm but didn't actually move in until the early evening. The whole day was very stressful for us as we really wanted to move but were let down by a removal firm. It was all a bit of a mess.

Our buyers are now wanting compensation for the extra charge from removal company and for food that was ruined in their freezer.

As they moved in on the agreed date, can they ask for compensation?

We would just like some advice before we pay any compensation.

Fire_Fox

Welcome! Was completion delayed (being when the money was transferred by your conveyancers NOT when you moved out/ in)? You contracted to vacant possession at the time of completion not a few hours later, if you didn't do this you were in breach of contract regardless of the reasons. The compensation sounds reasonable, claim it from the removals firm that let you down. What has your conveyancer said?

Pie_O_My

Thanks for the response. There was no given time for completion on the day. We were not informed to be out by a certain time. Our seller on the upper chain didn't leave her keys until after 3pm. Our Estate Agent said it is normally between 12pm and 2pm. I don't really want to get in touch with the removal firm we hired as they were very nasty to us as we had gone with the other firm. They had agreed to turn up by 2.30pm, but it was after 5pm when they eventually turned up. Luckily we didn't pay them.
My conveyancer just asked for our response to an email from the buyers solicitor.

littlesparkles

I have just received the contract to sell my property. It makes reference to the standard conditions and these state 2pm is the move out time.

Ulfar

It all depends on your contract.

Given that normally there isn't a set time as it depends on when the bank complete the chaps payments, I think they are flying a kite. Contracted to complete on a set date which you did, it would be different.

Who moves with frozen food in their fridge, that is just asking for trouble. I have always let my fridge/freezer settle for a day before turning them back on following a move anyway.

jackomdj

You will have been given a date for completion. On the day as stated above completion is whenever your solicitors transfer the money. At that point you are usually notified, could be 9:02 or it could be 4:55, assuming they work 9:00 till 5:00, and you should be out by then.

I think your buyers are being fair asking you to cover their losses, then it is your choice if you escalate it to the removal company or not.

Fire_Fox

Pie_O_My wrote: »

Thanks for the response. There was no given time for completion on the day. We were not informed to be out by a certain time. Our seller on the upper chain didn't leave her keys until after 3pm. Our Estate Agent said it is normally between 12pm and 2pm. I don't really want to get in touch with the removal firm we hired as they were very nasty to us as we had gone with the other firm. They had agreed to turn up by 2.30pm, but it was after 5pm when they eventually turned up. Luckily we didn't pay them.
My conveyancer just asked for our response to an email from the buyers solicitor.

Completion occurs when the money is transferred, you should have moved out by that time either on the day or on a previous day. When the funds had been transferred you should have received a phone call. What time did that all take place?

Why did you book removals for 2.30pm? Sorry but I think you completely misunderstood the process, you should have booked the removals firm for the morning. What time the other seller left her keys is a totally separate issue, here we are discussing the contract between you and your buyer. The way it reads to me you were in breach of contract by not giving vacant possession. Your conveyancer sounds a bit pants for not explaining this to you before or now, but that is not your buyer's problem.

Ulfar

It can only be breach of contract if there was a specific deadline set on that date. Otherwise they have met the contract.

Delays and hitches are to be expected. The buyer could not know that completion would occur at that time, the bank could have taken until 5.00pm to process the funds.

Yes it is unfortunate and I would be looking to compensate them to a degree but it would depend on how much they are asking. I wouldn't be paying much if anything towards food in a freezer as that was just daft on their part anyway. I would however consider compensating them for extra time charged by the removals assuming we aren't talking thousands.

To the OP you say you used the removals firm your buyer was using instead of those who let you down, did they unload the buyers stuff and then load your stuff onto the same truck. If so I think the removals company are being a bit cheeky charging your buyers extra when they haven't lost work or time as you have then used them.

DVardysShadow

Pie_O_My wrote: »

I don't really want to get in touch with the removal firm we hired as they were very nasty to us as we had gone with the other firm. They had agreed to turn up by 2.30pm, but it was after 5pm when they eventually turned up.

Eh??? This is really difficult to follow. Do you mean

I don't really want to get in touch with the removal firm we hired . They had agreed to turn up by 2.30pm, but did not, so we had to use the buyer's removers. When our removers eventually turned up, it was after 5pm and they were very nasty to us as we had used the buyer's removers.

If that is the case, I think you are likely to get a bill from your removers plus a lot of threats if you refuse to pay. In your position, I would be taking the battle to them in writing - not by phone - with a complaint about their failure make timely attendance - and asking for reimbursement of any money you paid in advance plus any extra costs.

In terms of what you should pay - you should indeed pay the buyer's removers for the removal they did for you. In respect of the freezer, were you present when the buyer's removals arrived and had the keys been released to the buyer at that time? I would be arguing that they should have asked for a socket to plug in an extension lead and they should have parked the freezer outside the house. I can only say that moving a freezer with food in place is something you do in hope rather than expectation.

Pie_O_My

Thank you for all your responses. We did pay the buyers removal firm for our move, £230. It was over 3 weeks ago and we haven't heard any more from the removal men we hired. I don't think we owe them anything as they did not turn up at the agreed time. I think our conveyancer did let us down a little. If we had been given a set time we would have worked towards that time. I agree we should pay some costs for the delay to the buyers and can understand why as they waited around so much. I think it was very upsetting for everyone. They were upset and we were upset because we wanted to move but got let down. The buyers want £50 for ruined food from the freezer. We didn't have much in our freezer as I had to defrost it a couple of days earlier. I cannot understand why people would move with a full freezer. I suppose we have been a bit naive with this move.

jackomdj

Your conveyances probably would not have advised of a time in advance as things can happen which delay chains on the day.

Re moving with stuff in the freezer it would depend upon the situation. We moved last year and we took quite a lot with us as the house we were buying was only 10 mins away and we dido not have to vacate our old house by a certain time (as we were keeping it to rent out) so freezer went on a load as the last item on/first off.