We've withdrawn our offer!

Eejay

Finally heard back from the bank - she has confirmed (like numerous people here stated!) that we cannot exchange with the tenants still there and that the solicitor will not allow it (despite seemingly not being bothered) because they have to sign paperwork to confirm it's empty before the mortgage can be finalised, and the exchange of contracts happens after this. She also said that we absolutely should not get a survey done by anyone else because HSBC will not accept it so the money will have been wasted - we can upgrade to a full structural survey through them and will only have to pay the difference between that and the valuation rather than the full lot.

I know everyone here probably knows that already, but at least the EA can't argue "well people on a forum can say anything, it doesn't mean it's true".

Apparently there's one more question my husband needs to answer and then we'll know how much he is entitled to, and it'll be valid for 6 months so we can get on with looking elsewhere

House today wasn't as exciting as I'd hoped (and needs double glazing/rewiring) but I'm hopeful we'll spot something in the next few months (if the EA stands their ground today) and will be in a much better position to just 'get on with it'!

thequant

I'm really starting to get concerned by the quality of advice you are receiving from your solicitor.

Please don't tell us, you are using one recommended by the EA ?

Eejay

thequant wrote: »

I'm really starting to get concerned by the quality of advice you are receiving from your solicitor.

Please don't tell us, you are using one recommended by the EA ?

No, they weren't recommended by the EA.

Been to see the solicitor, spoken to HSBC twice as I misunderstood something I was told the first time so wanted to confirm the correct information, and I'm just on the way to the EA now. I feel like I'm on a mission! I'm determined to sort this once and for all

Eejay

Spoken to the EA, had a bit of an argument with her and started blubbing a bit It looks like things could be going ahead though.

HSBC and the solicitor have confirmed we are able to exchange contracts with the tenants there, as long as it'll be vacant upon completion - solicitor said if it isn't, the vendor is in breach of contract and we could try to get any money lost as a result back from him (e.g. if we have to rent for longer I think or things like that).

Mortgage was approved today for the higher amount so as long as the survey gets done ASAP then we should be okay. Since my husband was at work when he found out, he was able to organise the next appointment on a 'work day' and ask them if he could go in late - it's next Wednesday. What happens at this appointment - just signing stuff and sorting out insurance? Will the survey be organised before this? I don't think the EA will cope with any more delays on that one.

chucknorris

m0bov wrote: »

Dont spend a penny until the property is vacant.

I once bought a place, and just after completion picked up the keys and was dismayed to see not only was the furniture still in there but there was someone asleep on the sofa. When I woke him up and asked who the ???? he was, he said that he rented the flat.

bedfordshireboy

chucknorris wrote: »

I once bought a place, and just after completion picked up the keys and was dismayed to see not only was the furniture still in there but there was someone asleep on the sofa. When I woke him up and asked who the ???? he was, he said that he rented the flat.

brilliant. well not really, but seriously, how?

chucknorris

bedfordshireboy wrote: »

brilliant. well not really, but seriously, how?

I had no idea that the flat was rented out, the estate agent had previously warned me that the vendor was mad (i.e. not sane) and that something stupid like not moving out the furniture wouldn't surprise him. When I rang her she said 'the tenants are nothing to do with me, my brother rented the flat to them', that's the mentality of the person I had to deal with.

Gwhiz

Eejay, you do realise that if the tenant refuses to leave it could take the LL 6 months to evict?

Eejay

Gwhiz wrote: »

Eejay, you do realise that if the tenant refuses to leave it could take the LL 6 months to evict?

Yep but they have found a new place so might be out even sooner. It's a risk I'm prepared to take with us not being part of a chain - certainly wouldn't bother if we had to be out of our current property by a certain date but we've got until February at the earliest, and can extend if we need to, so it shouldn't be too much of a problem. As long as it's the vendor that faces the bills and not us then I'm not going to worry about it.

We've received a properly completed - and signed! - Property Information Form today too (the solicitor scanned and emailed it to get it to us sooner). It's missing page 13 (again) but apart from that it's all done - proper answers, not just 'not known'! - so a lot happier about that

Gwhiz

All I will say then is best of luck!