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Changing moving date days before completion
Comments
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Okay, I am just going to say this one more time, then I'm out.
CONTACT YOUR RELATIVE's SOLICITOR FIRST THING MONDAY MORNING AND EXPLAIN WHAT HAS HAPPENED.
Your relative will be in breach of contract to her buyer and may still find herself on the wrong end of their out of pocket expenses (including any consequential loss incurred as a result of cancelling/postponing their builders).
Also, unless someone alerts the solicitor, the completion will go ahead (as in proceeding with the sales) which will mean current sellers continuing to live in a house now owned by their buyer, which is almost certainly a breach of the new owner's mortgage conditions.
This is potentially much more complicated than you seem to understand. Your relative needs legal advice as soon as possible.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
You're right, it is far more complicated than I realised, which is why I really appreciate all your help. I have told her to call her solicitors first thing on Monday so hopefully that will stop completion going ahead.
Thanks for all your help.0 -
Rachels1979 wrote: »You're right, it is far more complicated than I realised, which is why I really appreciate all your help. I have told her to call her solicitors first thing on Monday so hopefully that will stop completion going ahead.
Thanks for all your help.
I really hope there are no mortgages needed for this purchase because it will be very serious situation if the monies are returned due to no completion and then have to be applied for again.
Reinstate your removal guys, get you stuff put in store if needed but do not delay completion on your part. If others do it that's their problem.
You do not want to be in Brach of contract, this is much more complicated than it looks.0 -
If your relative does not move out on the agreed Completion date as per the contract, she can be sued buy the buyer. For potentially a lot of money. If the buyer, for example, has o move into a hotel instead, that hotel bill will be added to the claim........
What is more, if others down the chain are affected, their costs could be passed up the chain to the person (your relalative) who failed to move out (Complete) as per the contract.
Similarly if your relative is unable to move IN to her new home on the agreed Completion date as per the contract, because the seller failed to move out, she can be sue the seller.
An informal agreement between two of them is fraught with potential problems.0 -
You only mention the people your relative is buying off of, so I assume your relative is not actually selling the house she is moving out of (or not depending on the sale of the house she is vacating), otherwise her purchasers are probably expecting to move into her current home on Tuesday. If there is a chain of transactions, this is where the complications (and possible financial penalties/costs) lie.0
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Rachels1979 wrote: »You're right, it is far more complicated than I realised, which is why I really appreciate all your help. I have told her to call her solicitors first thing on Monday so hopefully that will stop completion going ahead.
Thanks for all your help.
You have to assume that completion will happen on Monday - until your solicitor confirms otherwise.
The completion date can only change if all the solicitors can work together to get it changed in time. And there is no guarantee that will happen.
Don't ask your solicitor to change the completion date - that will make you look very foolish - and if everything goes pear shaped, people may then blame you.
Tell your solicitor that the buyer wants to move the completion date - i.e. they are the foolish ones.0 -
You have to assume that completion will happen on Monday - until your solicitor confirms otherwise.
The completion date can only change if all the solicitors can work together to get it changed in time. And there is no guarantee that will happen.
Don't ask your solicitor to change the completion date - that will make you look very foolish - and if everything goes pear shaped, people may then blame you.
Tell your solicitor that the buyer wants to move the completion date - i.e. they are the foolish ones.
She can also say that if the other side wishes to delay, she is willing to consider this and be flexible.0 -
Rachels1979 wrote: »You're right, it is far more complicated than I realised, which is why I really appreciate all your help. I have told her to call her solicitors first thing on Monday so hopefully that will stop completion going ahead.
Thanks for all your help.
As others have said, you don't seem to appreciate the consequences of completion not going ahead. They are massive.
Your relative should get onto her solicitors and the removal firm first thing on Monday.0 -
Any news? :-)0
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Is no news good news?Some days you're the dog..... most days you're the tree!0
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