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

135

Comments

  • Errata wrote: »
    Total nonsense.

    As a previous poster pointed out....I meant to write completion....


    very rude response due to a human error....


    I have purchased a house and am aware of the legalities thank you very much!
  • sirmosh wrote: »
    From exchange you're committed to buying the property, you don't actually own it until you complete. I have a feeling you meant to say complete though.

    Definitely a no-go from a legal perspective, ask your conveyancer and I'm sure they'll tell you not to do it.

    Yes, did mean completion, serves me right for posting when I am also doing another million jobs at work....thank you for being kinder to point out my error than the other poster. :rotfl:
  • Cornucopia
    Cornucopia Posts: 16,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would definitely go with the option of paying/contributing towards her getting proper removals.

    Sometimes you have to be flexible, though. I once agreed to my buyer moving their fish in the day before completion, because the fish removal company was not available on the day. It was fine, and obviously entirely at their risk.
  • ethank
    ethank Posts: 2,197 Forumite
    Holiday Haggler I've been Money Tipped!
    It interesting that you want to exchange and complete the same day. I have always exchanged in advance.

    You will never be able to complete on a weekend.

    She needs to sort this out, I would never let her move out on a Saturday other than to pick up some items. You need possession of your property on Friday.

    Pick up the phone to the Estate Agent now, and tell them to sort it out. You should not have to deal with all of the emotional stuff.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    I will not entertain the scenario of exchange/completion on the same day. Last time I moved my buyer was really pushy and wanted to complete on a date plucked out of the air during the process. It came ever nearer and the chain wasn't ready to exchange, he still wanted to move on this date as he'd arranged time off work. It got to the Tuesday before his 'move date' of Thursday and my solicitor told me his own buyer at the bottom was still not ready to exchange ... In the end he threw this toys out of the pram, pulled out of buying my house as apparently I had lied to him that we would move on that date.

    In the end he went ahead with his sale which I found out went through a week later and I had to re-finance at the eleventh hour (lucky we could) to buy the house I wanted

    Never again giving my phone number to a buyer, nor agreeing to do it all on the same day.
  • cloo
    cloo Posts: 1,291 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Leaving her furniture might be a problem as it being full of somone's chattel still counts as possession AFAIK, but I suppose if you keep it off the record and the mortgage lenders don't know then it won't be a problem.

    But I still don't see why she can't just pay for movers like everyone else... but you can lead a horse to water and all that. It's like when I was trying to get my tenants to move out when I was selling - they insisted they were having to move their stuff into storage with friends piecemeal and so couldn't give a definite date in advance, and I could tell them they could rent a van and a storage place and do it one day until I was blue in the face, but I couldn't force them to do it!
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    ethank wrote: »
    It interesting that you want to exchange and complete the same day. I have always exchanged in advance.

    You will never be able to complete on a weekend.

    She needs to sort this out, I would never let her move out on a Saturday other than to pick up some items. You need possession of your property on Friday.

    Pick up the phone to the Estate Agent now, and tell them to sort it out. You should not have to deal with all of the emotional stuff.

    It's not that unusual to exchange and complete on the same day. However I don't think the OP said they were wanting to do this ?
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    With a buyer like this I'd never consider the exchange/complete in a day

    We received keys (eventually) at 2pm only to get to the property to find that Mrs seller (again part of a divorcing couple) was still there emptying her stuff out despite having dropped the keys at the EA's - a bit of chivvying along and lots of (her) tears ensued to the point where everything bar an expensive piece of furniture was out on the pavement with a promise that the remaining item would be collected by 10am the following day (which it was)

    When we eventually managed to gain entry to garage we found it stuffed to rafters with Mr Sellers personal belongings/paperwork etc - they were given 48hrs to make contact to arrange removal before being disposed of in a skip we'd already ordered - needless to say no contact made
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    vuvuzela wrote: »
    It's not that unusual to exchange and complete on the same day. However I don't think the OP said they were wanting to do this ?
    Not in so many words, but they want to move this Friday.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Exchanging and completing on the same day is fine as long as no-one has to move on completion day, ie a buyer living with parents buying an empty property. Otherwise it's a nightmare as no-one knows for sure they are actually moving until after lunchtime but must be all packed with removals paid for to go that instant.

    OP, refuse saying your mortgage is dependent on vacant possession and insist on Friday for completion, preferably exchanging some time this week before Friday. She'll either arrange for her furniture to be gone somehow or refuse completion until Monday but at least you'll know when you exchange.
    Don't listen to me, I'm no expert!
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