Stale mate - seller refuses to complete and move on the same day

Voyager2002

The only way to resolve this: contact your solicitor, and ask him/her to speak to the vendor's solicitor. What the vendor is asking is absolutely out of the question, and it is her own solicitor who needs to explain this to her.

WestonDave

If the sole reason for this is that she can't move certain large items, then one possible response is that she moves out all but certain agreed large items on the Friday or before, and the other items are subject to agreed "storage" overnight until the Saturday. You'd need legal advice and I would be putting in place some form of agreement that if they aren't shifted within 7 days you can remove them from the property. Whilst its not ideal, presumably if you are upscaling there should be some room to spare for 24 hours. I would however be making it clear that all keys are handed over at completion time (usually around mid day) and I'd also have a locksmith booked to change the locks on moving in day!

Doozergirl

I do agree that it is a bad idea, but I'm just thinking now about what will work and I don't think that giving someone a few days notice with exchange and completion on the same day or even within a couple of days is particularly fair on your vendor either.

Do you know where she is going to? Is she buying or renting? I agree with silvercar that she would need a preceeding weekend to move out. For her peace of mind, it would be more fair to have a decent gap between exchange and completion. That is is easier if she is renting - if she's buying then she will have to find someone to move her on a weekday as no-one can move on a weekend without already owning or having a lease on a property.

I have to say that I would refuse exchange and completion on the same day to anyone - it puts far too much stress on everyone, particularly you in the middle of a chain.

JimmyTheWig

agrinnall wrote: »

I would hope that if she needs to sell she will realise that messing you about could cause her to lose out big time.

Depends on who it is that needs the house sold.
If it is the woman who lives there then fair enough.
If it is her ex-husband then why would the woman go out of her way to allow the sale to happen.
This might be an unusual situation in as much as the person living there isn't in any sort of rush for the house to sell.

eddddy

I'm with WestonDave.

Is it viable for you that the vendor vacates the house on Friday, but leaves behind furniture that her friend then collects on Saturday?

As you're moving from a flat to a larger house, maybe you'd still have room to get all your stuff in.

I'd be tempted to informally agree to storing the furniture overnight - rather than incurring legal fees getting special agreements drawn up. (Or maybe just write up an agreement that you both sign.)

Theoretically, things could get difficult, for example if her friend let her down and didn't collect the furniture - but I'm not sure a formal solicitor's document would help much.

EmmyLou30

If her friend is that concerned for her you think she'd be happy to give her a bed for the night!

Errata

Kirstyb1987 wrote: »

On the day of exchange YOU own the property not her.....!

Total nonsense.

Daniel54

EmmyLou30 wrote: »

If her friend is that concerned for her you think she'd be happy to give her a bed for the night!

And store all her furniture and belongings ?

I'm with WestonDave

Bear in mind there is nothing to stop her refusing to complete on Friday

SplanK

Agreed with the above, its iffy and if anything happens it would be a pain in the rear to sort.


If they are able to move at the weekend regardless of completion then a Monday completion would be better, and to "cement it in place", Exchange ASAP with the set date for completion Monday, that allows them the weekend to shift things out.


If the problem is removals and she cant move until her next place is bought, then how about offering to stump up the cash to get them shifted? If its a few big items and its a friend helping, then a man with a van should be perfect of this and wont cost the earth. Ok, it means spending money which you should not really have to, but if it helps things to move along at a sensible pace/outcome then its probably worth it!

flora48

Everyone has a sob story but you do have to look after your own interests here, this is the biggest purchase in your life. I had a similar request when selling my house and the answer I got from various sources was a big fat NO, for the reasons others have stated.

On the other hand there is no way that I would exchange and complete on the same day, far too stressful. Even after exchanging some time prior to completion, the completion process took till 5pm, not an ideal start to moving in in mid December with 2 foot of snow and my poor buyer had 3 children as well.

So what did I do, I broke all the rules and let them have the keys at 12 noon because I am a big softy. Fortunately all went well.

You had better not tell me a sob story, I probably fall for it. Doh!