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Seller wants to stay on after completion
Half_Price_Sky
Posts: 177 Forumite
I’m due to complete my property purchase on Wednesday. Last week at the time of scheduling the completion date seemed suitable for both parties. However the seller, whom I’ve had considerable telephone contact with during the process, rang me 48 hours later in a bit of a panic asking if she could stay on another three days, until Saturday, whilst she awaited her new place to become ready.
I didn’t consider it to be a problem initially. I’m in no rush to move in plus she’s doing me a favour by leaving a load of furniture behind so I agreed. However I’ve just come off the phone to my solicitor and she nearly spat out her coffee when I told her so. She insisted it could create a whole host of difficulties, such as what happens if vendor refused to budge after Saturday, and basically told me that if I was going to go down this road then I should leave her (the sols) out of it.
She reckoned the lender would be majorly annoyed and that technically she had an obligation to inform them so. I guess I could’ve asked for a revised completion date but instead chose to quickly change the subject as I could tell she was becoming increasingly edgy just talking about the idea.
What should I do for the best? Leave things be and hopefully it will all work out or is it important that we request a new completion date here? Presumably if so the obligation would be on the seller to arrange as they’re the ones causing the delay.
Does anyone have any knowledge or experience of such a scenario?
I didn’t consider it to be a problem initially. I’m in no rush to move in plus she’s doing me a favour by leaving a load of furniture behind so I agreed. However I’ve just come off the phone to my solicitor and she nearly spat out her coffee when I told her so. She insisted it could create a whole host of difficulties, such as what happens if vendor refused to budge after Saturday, and basically told me that if I was going to go down this road then I should leave her (the sols) out of it.
She reckoned the lender would be majorly annoyed and that technically she had an obligation to inform them so. I guess I could’ve asked for a revised completion date but instead chose to quickly change the subject as I could tell she was becoming increasingly edgy just talking about the idea.
What should I do for the best? Leave things be and hopefully it will all work out or is it important that we request a new completion date here? Presumably if so the obligation would be on the seller to arrange as they’re the ones causing the delay.
Does anyone have any knowledge or experience of such a scenario?
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Comments
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Your solicitor is right - DO NOT agree to this.
Your lender will be releasing funds on condition of vacant possession, which will not be the case.
Agree a new completion date (with vendor covering all your costs) , or stick with Wednesday and they move into a hotel or whatever .0 -
Revise completion day to a day upon which you can obtain vacant possession.0
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The lender wont allow it to complete if they know.
Solicitors as you can tell will advise against it.
The right way would be change the completion date, but this is really down to you.
If the person refuses to leave then you are going to have to go through an eviction process.I am a Mortgage AdviserYou should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Achtung minen!
Do as your sol advises AND hold the vendor's children, credit cards, car keys & all loyalty cards as surety, with an option on her kidneys.
Us? Untrusting? No, just paranoid...0 -
Don't let the vendor remain after completion - never, ever. Got the message?
Therefore, as you are in no hurr,y agree another date for completion. Doubt Saturday will work, as I don't know of any solicitor who will work on a week-end.0 -
Let_Us_See wrote: »Don't let the vendor remain after completion - never, ever. Got the message?
Therefore, as you are in no hurr,y agree another date for completion. Doubt Saturday will work, as I don't know of any solicitor who will work on a week-end.
What would be the worst case scenarios of letting the vendor remain after completion? Would there be any penalties for rearranging the completion date?0 -
Half_Price_Sky wrote: »What would be the worst case scenarios of letting the vendor remain after completion? Would there be any penalties for rearranging the completion date?
Why the hell are you still considering this option.
Not only has everyone on this thread told you not to do it, The initial response from your solicitor should have been enough to put you straight.0 -
I, and others, could provide a whole list of reasons. Just trust us, and your solicitor, and don't do it. Why not switch to Monday, as I can't believe any solicitor will work on Saturday to complete.
Shouldn't be any additional expense for changing completion date, although the solicitor may have to make another request for drawdown of funds.0 -
Half_Price_Sky wrote: »What would be the worst case scenarios of letting the vendor remain after completion? Would there be any penalties for rearranging the completion date?
She could burn the place down and leave you homeless and penniless and I doubt any insure company would pay out.0 -
Why the hell are you still considering this option.
Not only has everyone on this thread told you not to do it, The initial response from your solicitor should have been enough to put you straight.
I'm going to give my sols a ring tomorrow and request completion be changed to Monday. The reason why I'm (still)asking questions is because I want to be aware of as many of the facts as possible before making an informed decision. Which I think is fair enough.
It's a leashold with buildings insurance included as part of the service charge. I'm guessing if she were to have a accident after Wednesday things could get a bit messy....0
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