Move from hell, purchasers failed to complete HELP!

Dan-Dan

Megamonty wrote: »

We were all on the understanding that we would move on the Monday so it was expected that we keep most stuff on the lorry over the weekend with the bare minimums at home. Removals rocked up Monday and were sent away again in the afternoon. Lorry needed elsewhere today so we could not get more stuff into their storage or do anything else.

Apparently the mortgage funds are now back, and the 17K did come in. The next Solicitor up the chain (who are buying my place) have insisted that the money all be sent to them today to ensure that no funny games from the bottom go on tomorrow. These have now been received so it does look like we will complete tomorrow.

It has come as a bit of a shock that the vendor that we are buying from (who has already vacated) is apparently insisting that we pay all his interest and breach of contract costs, legal expenses and other costs before he will complete. The rest of the chain will just take legal action on each other after, but it's a load more cash to pay out that was never on the cards. This move is breaking us emotionally and financially.

This cant be right , what does your solicitor say specifically on this point?

Blackpool_Saver

I say again, what would have happened if you hadn't had access to this spare money?

sinizterguy

Dan-Dan wrote: »

This cant be right , what does your solicitor say specifically on this point?

That sounds correct.

You pay and you sue down the chain.

After all, they did end up with more costs and hassle than agreed.

Slinky

Dan-Dan wrote: »

This cant be right , what does your solicitor say specifically on this point?

Why can't it be right? If the OP's vendor is at the top of the chain (which having vacated the house suggests he may be), why would he want to get involved in legal action if he can shake the tree only as far down as the OP.

I feel for you OP.

Jhoney_2

Megamonty wrote: »

Apparently the mortgage funds are now back, and the 17K did come in. The next Solicitor up the chain (who are buying my place) have insisted that the money all be sent to them today to ensure that no funny games from the bottom go on tomorrow. These have now been received so it does look like we will complete tomorrow.

It has come as a bit of a shock that the vendor that we are buying from (who has already vacated) is apparently insisting that we pay all his interest and breach of contract costs, legal expenses and other costs before he will complete. The rest of the chain will just take legal action on each other after, but it's a load more cash to pay out that was never on the cards. This move is breaking us emotionally and financially.

Immediately after, I hope he slaps a charge on their new property in lieu of the inevitable damages to be claimed by everyone else in the chain!

Congratulations - so glad the nightmare is coming to a conclusion for you.

phoebe1989seb

pinkteapot wrote: »

Ah, OK. Hadn't realised you need to keep rebooking them to ensure they are available to move stuff out of your current/old house on completion day.

If possible, I'd be tempted to get them to take the last of the furniture and buy an airbed to use for a few nights. Far from ideal but better than £1,300 a day in costs! Depends if you can get your 'stuff in the house' down to an amount that will then fit in the car when you need to leave. As a fellow cat owner, I know that may be tricky with cat carriers to contend with too!

This ^

I appreciate that in our case it was only for the one night, but when we sold in December our removals firm took the last of our stuff (we had so much it was a five day move - three to load and two to unload at other end ) on the Monday before completion on the Tuesday, leaving us with an airbed, duvet, clothes for moving day, snacks, cats (3) and cat carriers (plus some items I didn't want the removers to take)......our dogs having been booked into kennels for the week of our move.

Sleeping on the floor isn't ideal, but speaking as someone who paid nearly £4k for removals (and have had issues previously with paying for cancellation when moving dates changed), I wouldn't want to be incurring multiple moving fees......especially when there's no guarantee of claiming them back OP......

Edited to add - Do hope that this time tomorrow the nightmare will be over and you are in your new home!

silvercar

Slinky wrote: »

Why can't it be right? If the OP's vendor is at the top of the chain (which having vacated the house suggests he may be), why would he want to get involved in legal action if he can shake the tree only as far down as the OP.

I feel for you OP.

It can't be right because he is contractually obliged to complete on the contract. Any claim for money due to the delay is separate to the contract.

Aside from that, any claim from him to you will become part of your claim to your buyer, so it is unreasonable to expect you to produce the money out of thin air when it will be the buyers at the other end of the chain who will have to come up with the funds.

NYM

Presumably the Vendor issued a Notice to Complete

https://houseconveyancing.org/failure-complete/


In a case where either the buyer or the seller fails to complete on the specified date, the defaulting party will be served a notice to complete by the other side’s conveyancing solicitor. This gives a 10 day grace period in which completion must take place. During this grace period, the defaulting party will have to pay a daily rate of interest to the other party. If the completion still does not take place and the notice to complete expires, there are serious consequences for whichever party is responsible. This sale agreement is a legal contract, with the full force of contract law behind it


I do so hope things go well for you tomorrow !

Jhoney_2

Whatever the penalty at this point, this individual (buyer 1) appears to have the potential to pay for the breach via house or employment (perhaps even pride/reputation?). So in that regard, the OP and his buyer are in a better situation than most would be in these circumstances, for full restitution.

It will resolve itself judiciously i'm sure, but the stress and disappointment of the last few days... that is priceless and bordering on unforgiveable - how does he justify/deserve a role in society such as his when there's a lack of basics like empathy, consideration of the impact your decisions have on others etc?

There will be no end of excuses, but no falling from grace or on his sword I wager. He'll pay up as it's in his own interest to do so!

tkane

This thread has been linked to on HPC.co.uk with the comment:

' Some fear and panic starting to appear '

Typical HPC gloating at other people's misery.

I have been gloating at their stupidness for 10 years, so there.