Seller gone AWOL

LateStarter

Hello All,

We were meant to exchange last week and complete our house purchase this week, but neither the seller's solicitors nor the EA can get a response from the seller. The exchange did not happen - my solicitor says we should go ahead and try to exchange and complete on the same day.

My solicitor has had my deposit for a week and has asked the bank for the mortgage funds. The EA says they can't contact the seller at work as "he's taken the week off to move house". He's supposedly not responsed to their messages or texts (not sure if to believe them).

I can't commit to the movers so I may lose my booking, and probably won't be able to move anyhow at this rate. What are my options here? I'm quite stressed and and not thinking straight.

rach_k

Is the seller living in the house they're selling? Couldn't the EA pop round to see whether they're there?

LateStarter

rach_k wrote: »

Is the seller living in the house they're selling? Couldn't the EA pop round to see whether they're there?

The seller is, and I'm sure the EA could - I'll call and suggest it. Technically as they work for him, I'm not sure I'll get much out of them.

EverGreen_2

"The EA says they can't contact the seller at work as "he's taken the week off to move house". This sounds positive.


The EA are working for the seller yes. But end of day EA are working for their own interest too and looking forward for the fees.

lisyloo

my solicitor says we should go ahead and try to exchange and complete on the same day

Personally I'd be reluctant.

There may be a reasonable explanation like illness but there really aren't many situations though where you can't send a text or quick email over the course of a week.

Leaving it all to the same day is highly stressful plus putting all the risk on your side e.g. wasted removal costs, potentially wasted day off.

Personally I think I'd tell them I'm not willling to book time off work and book removals unless there is some show of commitement from the other side.

Some mates of mine exchanged and completed in the same day but they did get a great deal from a desperate builder so there was something in it for them.
They said it was pretty stressful but they had no reason to suspect a lack of commitment (quite the opposite).

He's supposedly not responsed to their messages or texts (not sure if to believe them).

It's really hard to believe you can't get in contact with someone over the course of a week, so something seems amiss to me.

dodger1

rach_k wrote: »

Is the seller living in the house they're selling? Couldn't the EA pop round to see whether they're there?

LateStarter wrote: »

The seller is, and I'm sure the EA could - I'll call and suggest it. Technically as they work for him, I'm not sure I'll get much out of them.

I'd go round myself and say that their solicitor and EA are trying to get hold of them urgently.

G_M

The esatate agent won't get paid unless Exchange happes so I see no reason why they wouldn't do everything they can to facilitate this.

Especially if you hint you are about to give up and start looking for another property........

But simultaneous Exchange/Completion is stressfull. You can't be sure it will happen till the day itself, when the seller might change their mind

You have no time to prepare, book time off work, book removals, pack etc.

Give yourself a weeks gap. Once you've Exchanged you know Completion will take place the next week and can prepare for he move.

LateStarter

Update:
Solicitor has initiiated transfer of motgage funds from bank which will be received Wednesday - we've got to use it or send it back and re-request afterwards.

Seller has dropped in to EA, and asked what the fuss was, as he's moved and is property is vacant and there's more than a week to go. EA pointed out error in his timing - at which point seller said that's not the date his conveyencer had given him. Cue furious phone call between seller and his solicitor. Seller storms out of EA saying he'll be in touch tomorrow. EA says the seller seems somewhat removed from reality.

I've still got no exchange or completion date. !!!!!

TheCyclingProgrammer

EverGreen wrote: »

The EA are working for the seller yes. But end of day EA are working for their own interest too and looking forward for the fees.

Exactly. At this stage I'd say EA is mainly working for themselves and its in their best interests to sort this out or they don't get any commission.

I wouldn't want to exchange/complete on the same day personally with the vendor having already been shown to be unreliable - it could all still fall through on the day.

TheCyclingProgrammer

LateStarter wrote: »

Update:
Solicitor has initiiated transfer of motgage funds from bank which will be received Wednesday - we've got to use it or send it back and re-request afterwards.

Seller has dropped in to EA, and asked what the fuss was, as he's moved and is property is vacant and there's more than a week to go. EA pointed out error in his timing - at which point seller said that's not the date his conveyencer had given him. Cue furious phone call between seller and his solicitor. Seller storms out of EA saying he'll be in touch tomorrow. EA says the seller seems somewhat removed from reality.

I've still got no exchange or completion date. !!!!!

Well at least it sounds like the vendor has simply been misinformed and wasn't intentionally trying to mess you around.

If his property is now vacant then there is no good reason for him not to agree to exchange/complete on the timescale you propose.

Hoploz

Yes that sounds like good news. And no need to rush around trying to exchange and complete on the same day, as he was expecting another week anyway. Sounds like you should exchange tomorrow with completion in a week, giving you time to reschedule or book whatever is necessary.