Seller failing to complete on sale of flat - Help!

mrs_mi5tery

Because the seller was served with 'Notice to Complete' on the day he originally failed to complete, this gives him ten working days in which to get things sorted and to hand the property over. That ten day grace period ends this coming Wednesday. Only then can we pull out without incurring a fairly hefty financial penalty, any earlier and we lose the deposit at the bare minimum.

This notice to complete apparently is common and is the legitimate next step whenever a completion deadline is missed by either seller or buyer giving them that extra time.

Our solicitor is blaming the seller - not even the seller's solicitor. Her line is that as solicitors they take the word of their client on faith and thus if the seller said they were out or would be out, the solicitor was not required to do more than simply accept his word and pass the information to our solicitor, who took him at his word.

Personally, I don't buy that and if I had been dealing with her directly when she said this, I would have had some strong words to say on that regard!!!

BazzaDP

Fair enough. If the money is back in YOUR solicitors account then at least that should ve good enough.

However, saying that, I still think your solicitor should have checked the tenancy situation. They don't accept the vendors word on anything else and check it so why not this too? Someone else having a claim on your house until tge end of the year is a pretty big thing touss in my opinion!! Maybe someone with more legal experience can explain if I'm missing something.

kmmr

Sorry to hear its still ongoing. Sounds so frustrating not being able to get a straight answer.

Hopefully if the seller is back in the country this week they can help to sort it out, but fingers still crossed for you that this works out.

G_M

Solicitors do not make house calls unless paid huge extras!

They do not inspect properties for tenants, or to see if the property is empty.

They rely on their clients to tell them and/or to undertake to remove occupants (unless of course they are instructed to evict via the courts.

OP's solicitor would have noway of knowing tenants were there, unless told.

If sellers told their solicitor the tenants had left, or were leaving on x date, again, that is what they would rely on.

BazzaDP

OP stated they knew flat was tenanted. Tenants were then when they originally viewed it. Surely solicitor should have requested confirmation tenants had been served notice in such a situation? As I say they don't trust vendor on other things and carry out searches.

tim123456789

mrs_mi5tery wrote: »

Personally, I don't buy that and if I had been dealing with her directly when she said this, I would have had some strong words to say on that regard!!!

I think you're onto a loser here

if you specifically asked them to check then you might have a point, but if you didn't ask, then the solicitor has done exactly what is required of him(her)

zzzLazyDaisy

BazzaDP wrote: »

OP stated they knew flat was tenanted. Tenants were then when they originally viewed it. Surely solicitor should have requested confirmation tenants had been served notice in such a situation? As I say they don't trust vendor on other things and carry out searches.

OP also says they asked time and time again about the tenants and were assured vacant possession on completion.

This does not ring true.

No solicitor would exchange on a promise where tenants are in situ. The first thing the solicitor would ask the sellers solicitor is when the FT tenancy ends, has notice been served, and when the tenants are due to vacate. Even then they would not exchange until the buyer has been to the house and confirmed that it is empty.

The rule is always to ensure that the tenants have gone, and vacant possession is available, before exchange takes place.

Unless OP didn't tell his solicitor that the property they were buying was tenanted?

This whole story is weird.

gnimia

Wednesday has passed now - any develpments OP??

wannahouse

bump

whats happening???
kind of strange we've had no updates???

Rain_Shadow

OP not logged in since early on the morning of the 1st. MrsOP not since the evening of the 2nd.

I do hope this isn't another MSE book with the final page torn out