What should we do?

Ciderarmy1987

Thanks, have actually got some concrete advice about what someone else would actually do!

I know that our solicitor needs to get an easement policy signed by the vendor but then they are.happy to exchange? Is it possible to exchange on the condition that this is signed later?

Also from talking to family they were saying is it possible to exchange with a flexible competition date? For example had to be by a certain date but can be brought forward if both parties agree?

ValHaller

Is it an easement - or some kind of indemnity policy relating to an easement? or something else? Depending on the answer, it could be put into the contract to be done before completion, but don't accept this if it depends on anyone other than the vendor alone.

I don't see how a flexible completion date will help. It is possible, but you have a firm date to meet for both exchange and completion.

Ciderarmy1987

ValHaller wrote: »

Is it an easement - or some kind of indemnity policy relating to an easement? or something else? Depending on the answer, it could be put into the contract to be done before completion, but don't accept this if it depends on anyone other than the vendor alone.

I don't see how a flexible completion date will help. It is possible, but you have a firm date to meet for both exchange and completion.

To be honest not completely sure about the easement will need to check with the solicitor.

Do you mean that we currently have the 26th as a competition date, we just think that she might feel like that she needs more time but right now wont know exactly how much more time she needs to be sorted. Therefore if we say, for example, set competition for 30th May but if she is ready sooner then we could bring it forward to a date we are both happy with

ValHaller

Ciderarmy1987 wrote: »

Therefore if we say, for example, set competition for 30th May but if she is ready sooner then we could bring it forward to a date we are both happy with

You could do that - and if the agreement is mutual, you could just vary the exchanged contract I believe. But for the sake of your LL this time around, unless you find yourself sorted on Friday for 26th April, don't give notice on your rental until you have exchanged and leave some time between exchange and completion so you are not paying for 2 properties - just like everyone recommends. After that if it suits everyone, you could reschedule completion.

Ciderarmy1987

ValHaller wrote: »

You could do that - and if the agreement is mutual, you could just vary the exchanged contract I believe. But for the sake of your LL this time around, unless you find yourself sorted on Friday for 26th April, don't give notice on your rental until you have exchanged and leave some time between exchange and completion so you are not paying for 2 properties - just like everyone recommends. After that if it suits everyone, you could reschedule completion.

Good points! thanks

Ciderarmy1987

Hopefully we will find out tomorrow that she is happy to push on with the sale and we can exchange this week and complete on the 26th. However I think that this is very unlikely, but who knows!

rickeeee

Cider
My FIL died suddenly and unexpectdly when we were last moving.

I asked that the agents give us 2 weeks to make all the arrangements visit solicitor etc.

They ignored this request and rang us several times, I did get very cross that they disregarded our request, but after the two weeks had passed it was good to get back into the process and move.

R

ValHaller

rickeeee wrote: »

Cider
My FIL died suddenly and unexpectdly when we were last moving.

I asked that the agents give us 2 weeks to make all the arrangements visit solicitor etc.

They ignored this request and rang us several times, I did get very cross that they disregarded our request, but after the two weeks had passed it was good to get back into the process and move.

R

How far were you into the process at this time?

If you had urged your buyer to exchange and complete quickly, how much would you want to engage with keeping them on board and not in limbo?

Ciderarmy1987

Quick update:

We spoke to solicitors this morning and she received the details of the easement just after she had left the office on Friday afternoon, which is one hurdle out of the way. She said that she would speak with the vendors solicitor and see if she had any information etc.

On the way back from work spoke to the EA and they said that they had spoken with the vendors solicitor this morning and that all they need to exchange was confirmation from the vendor.
They agreed between them the EA would be responsible for contacting the vendor and seeing what she wanted to do.
There was no answer when EA called the vendor and they left a message.

We have said that we are happy to push back competition into May if needed, however that we do need an idea of what is happening soonish (end of the week) so we can sort out notice on our rented flat etc. Have said that we will leave it to the EA but that we dont think that is a good idea to be hassling her to get an answer back - possibly trying again in a couple of days.

ValHaller

Ciderarmy1987 wrote: »

We have said that we are happy to push back competition into May if needed, however that we do need an idea of what is happening soonish (end of the week) so we can sort out notice on our rented flat etc. Have said that we will leave it to the EA but that we dont think that is a good idea to be hassling her to get an answer back - possibly trying again in a couple of days.

As long as the EA understands that exchange is for the 12th and completion for 26th otherwise it waits another month, you can let it go completely IMO