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FTB - Vendor now delaying, extremely frustrating situation!

z3phyr04
Posts: 185 Forumite
I'll try and keep this as condensed as possible:
Moving out of my mother's home to help her downsize her property.
Viewed a house in late August and vendor told me during that viewing that they were upsizing. They hadn't found anywhere they liked yet but were willing to rent if necessary. After consideration I told the estate agent when making an offer that it had to move quickly in order that I could move out. After a little negotiation, offer accepted on 17th September and the vendor agreed via the estate agent to rent if necessary.
I moved temporarily to my father's house closer to where I am buying in order to make things easier which allowed my mother to sell and get into her new place by last month. My father had also previously decided to downsize to help with his situation and got himself a first time buyer and accepted an offer around 5 weeks after mine was accepted.
Fast forward to today, everything in place my side and I am ready to exchange. My solicitor wouldn't discuss dates until all he needed was in place. I originally requested a completion date of 5th December and was quickly told that couldn't work as the vendor was away that day for the weekend. I immediately then asked for 12th December and my solicitor duly went off to request this. Since then, I'm basically getting no communication from the vendor side despite numerous chasing of both my solicitor and the estate agent.
In the meantime, my father's sale is looking extremely likely to complete by 12th December. Almost all paperwork is in place (barring a certificate for boiler service which is scheduled) and his solicitor is happily working towards that date.
Yesterday, when I pressed the estate agent a little harder they let slip that the vendor now appears to be in a chain. I've brought up already when things seemed to be stalling that I conditionally offered as I needed to move quickly but my solicitor tells me this is all verbal and can do nothing. I currently have most of my possessions in secure storage which I budgeted for but still have some things at my father's with little space to add to what is already in storage.
Basically, it looks like the vendor has found a place to move to in the meantime since accepting my offer and kept quiet. I'm left with little choice now as if my father's sale does complete by 12th I will have nowhere to go and obviously need to remove the possessions I have at his place. Some may be squeezed into storage, but certainly not all (wardrobes, drawers which I'm taking with me). I can't move with my Dad as he is also downsizing and won't have any space for my possessions either.
I will really struggle to get into temporary accomodation and be able to afford to continue buying this house if they're going to drag their feet now they've decided to get into a chain without being upfront about it.
The vendor's solicitor has come back to my solicitor to say that it looks like the 12th might be OK but my solicitor is of course telling me this is no guarantees and can't be enforced. The only thing I can see left to do is stomach the lost money in fees etc. so far and pull out if they won't exchange and commit to completion by 12th December.
Just wondering what others would do in this sort of situation if they were in my shoes?
Moving out of my mother's home to help her downsize her property.
Viewed a house in late August and vendor told me during that viewing that they were upsizing. They hadn't found anywhere they liked yet but were willing to rent if necessary. After consideration I told the estate agent when making an offer that it had to move quickly in order that I could move out. After a little negotiation, offer accepted on 17th September and the vendor agreed via the estate agent to rent if necessary.
I moved temporarily to my father's house closer to where I am buying in order to make things easier which allowed my mother to sell and get into her new place by last month. My father had also previously decided to downsize to help with his situation and got himself a first time buyer and accepted an offer around 5 weeks after mine was accepted.
Fast forward to today, everything in place my side and I am ready to exchange. My solicitor wouldn't discuss dates until all he needed was in place. I originally requested a completion date of 5th December and was quickly told that couldn't work as the vendor was away that day for the weekend. I immediately then asked for 12th December and my solicitor duly went off to request this. Since then, I'm basically getting no communication from the vendor side despite numerous chasing of both my solicitor and the estate agent.
In the meantime, my father's sale is looking extremely likely to complete by 12th December. Almost all paperwork is in place (barring a certificate for boiler service which is scheduled) and his solicitor is happily working towards that date.
Yesterday, when I pressed the estate agent a little harder they let slip that the vendor now appears to be in a chain. I've brought up already when things seemed to be stalling that I conditionally offered as I needed to move quickly but my solicitor tells me this is all verbal and can do nothing. I currently have most of my possessions in secure storage which I budgeted for but still have some things at my father's with little space to add to what is already in storage.
Basically, it looks like the vendor has found a place to move to in the meantime since accepting my offer and kept quiet. I'm left with little choice now as if my father's sale does complete by 12th I will have nowhere to go and obviously need to remove the possessions I have at his place. Some may be squeezed into storage, but certainly not all (wardrobes, drawers which I'm taking with me). I can't move with my Dad as he is also downsizing and won't have any space for my possessions either.
I will really struggle to get into temporary accomodation and be able to afford to continue buying this house if they're going to drag their feet now they've decided to get into a chain without being upfront about it.
The vendor's solicitor has come back to my solicitor to say that it looks like the 12th might be OK but my solicitor is of course telling me this is no guarantees and can't be enforced. The only thing I can see left to do is stomach the lost money in fees etc. so far and pull out if they won't exchange and commit to completion by 12th December.
Just wondering what others would do in this sort of situation if they were in my shoes?
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Comments
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Unfortunate reality of buying a house I'm afraid, they can do whatever they like and lie to you as much as they like. We had vendors tell us they'd rent and get out, but then it came to light they were actually looking to buy and get in a chain (conveniently after we'd stumped up all our money for searches and a survey of course so they had us over a barrell). In the end after 4 months of dragging their heels they withdrew the house from the market claiming they couldn't find a house they liked. We've since bought a chain free empty property and that was much simpler! Still very angry a year later that those vendors lost us £1100 and we just had to take it. I hope your situation resolves itself quickly, it's a horrible situation to be in let alone if you're about to be homeless.0
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We do read a lot of reports on here of vendors lying and saying they are prepared to rent, when they aren't. Looks like they have been planning on lying to you all along.
Have you got a friend with a spare bed (or even spare floorspace and mattress) that you could camp out at during "extra time caused by lying vendor"??0 -
Ask them to exchange within days or you will put the property back on the market. Then follow through.Changing the world, one sarcastic comment at a time.0
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Get your solicitor to set them deadlines, rather than 'discussing dates'. After four months, it was the only way we got oving on our house sale - the vendors were faced with us being prepared to withdraw from the purchase.:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remoteProud Parents to an Aut-some son
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I agree with the others. Give a deadline. We also said beforehand that we would be prepared to move into rented but thankfully we didn't make that promise to our new buyer. They will stall as long as possible and it shouldn't be you that is out of pocket. You have given enough time already.Father Ted: Now concentrate this time, Dougal. These
(he points to some plastic cows on the table) are very small; those (pointing at some cows out of the window) are far away...:D:D
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Thanks all for your replies. I will be insisting on 12th December for completion and setting them a deadline of the middle of next week for exchange to enforce it. Otherwise, I'll have to pull out and get into rented until I can reapproach and find something else.moneyistooshorttomention wrote: »We do read a lot of reports on here of vendors lying and saying they are prepared to rent, when they aren't. Looks like they have been planning on lying to you all along.
Have you got a friend with a spare bed (or even spare floorspace and mattress) that you could camp out at during "extra time caused by lying vendor"??
Whilst I may be able to find somewhere to stop short term (I don't want to impose on anyone over Christmas as that isn't fair) it's the furniture coming out of my father's place that I'll struggle with.Tigsteroonie wrote: »Get your solicitor to set them deadlines, rather than 'discussing dates'. After four months, it was the only way we got oving on our house sale - the vendors were faced with us being prepared to withdraw from the purchase.
I wish it was that simple, he's not being forceful about it with the vendor's solicitors unfortunately. If there's going to be a deadline, I'll likely have to impose it via the estate agent.0 -
Yep...I'd go for imposing that deadline via the EA. I very much doubt the solicitor would be likely to pass on any message of that type. The EA, on the other hand, will already be mentally spending his commission.0
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Only set a deadline if you're sure you're prepared to pull out. If you give a deadline, don't follow through on the threat, then keep trying to push them to complete, you won't get anywhere.
The problem you've got is that either you or the vendor needs to cave and go into temporary accommodation (as staying in your current home longer isn't an option for you). If they're more stubborn than you, you'll be the one losing out.
Depends how much they want to sell. We were in a chain this time last year. The person at the top was looking for a house. They found one, but it moved slowly so they pulled out of that... In the end, they agreed to rent so that the chain could complete and to stop it collapsing.
The rest of us (three parties) in the chain were very grateful! But that seller at the top of our chain was really keen to sell and was getting a very good price for his house. If your seller can easily get a replacement buyer at the same price you're paying, they won't be so worried about losing you.
Agree with going via the EA, not the solicitor. Our EA worked their socks off to get us exchanged (chasing everything up in the chain), but they were selling all three properties in the chain!0
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