Chain-free revoked?!

Jasperella

Evening all

Bit of background: FTB, offer accepted & mortgage granted. You may have seen my previous thread on this house having "urgent" damp issues as found in my home buyers survey.

When we went to view this house it was marketed to us as chain free.
The sellers were looking to move, maybe out the area, and plans were not set so when their house sold they would be moving into rented.

They accepted our offer, a big selling point to me was the no chain.

Few days later went back for a 2nd viewing. Found out from sellers they had now found a house and had offer accepted!

Perhaps naively, but I didn't think this would change anything. But I emailed the EA to confirm we would not be entering a chain & theyd stick to the no chain as promised us.

No reply from EA. (I'd have phoned and asked EA directly but was out the country)

Come home to find the Sellers Info pack came in the post. And the box that says is this sale dependent on the seller completing the purchase of another property on the same day?
has been marked YES.

So that does mean we are now in a chain? And our sellers want to exchange on their new house at the same time, and then whatever their sellers are doing too etc?!

Questions:
1) Have I understood that right?
2) Can I reasonably request that they exchange and complete with us, regardless of what happens with their new purchase?

3) I wanted to talk to the sellers again about the survey, and damp issues I talked about in other thread (the info pack also contained 2 quotes/invoices for damp proofing for before the current owners lived there and whilst they have owned it, suggesting this damp issue has never truly been sorted & I want to get to the bottom of what work has been completed) so is it appropriate to contact them direct rather than back and forth through EA?

Thanks

dc197

Yes it sounds like you are in a chain.
That you were told you were not in a chain in meaningless. People change their mind, but moreover anything anecdotal is unreliable whereas the Property Information Form will be part of your contract and is therefore definitive .

Sedge123

You can ask but I think the answer might be like it or lump it. The best you can hope for is that it's a short chain. I'm sure they won't consider completing on their sale before their purchase as this would effectively leave them homeless.

Frustrating but until contracts are exchanged sellers Dan change any part of the deal.

Person_one

Very few people actually move into rented even if they think they will or have good intentions that they might if they found a buyer quickly etc.

Yes, you're now in a chain, a bit disappointing but not the end of the world, most property sales involve chains of varying lengths and most go through fine.

kinger101

Sellers lie all the time about this stuff. When the house is on the market they promise to move in with auntie Doreen or move into rented. If they live in the house they're selling, and have no plans of leaving the country, assume there's a chain, no matter what you're told to the contrary.

csgohan4

welcome to the world of buying

pinkcheshirecat

As regards the chain, yes this can and does happen. As far as the damp goes..... Don't go through the estate agent, or direct to the vendor. If you want to get an answer, this needs to be an enquiry through your solicitor. Responses to enquiries are legally binding, where he/she said holds no weight after completion. Get it in writing.

eddddy

To clarify some of the comments in this thread.

Anything the EA or seller writes or says is 'subject to contract' - so you can't rely on it contractually. (That includes property details, emails, phone conversations etc)

You can on rely on answers to 'pre-contract enquiries' made by your solicitor.

However, it's likely to take up to 2 weeks to get answers to pre-contract enquiries via solicitors.


So... start by asking the seller (or EA) any questions - perhaps with follow up questions etc. When you have the answers you need, as a final step, ask your solicitor to get those answers confirmed via pre-contract enquires.

pinkshoes

When we sold our house, we told our buyers that if they were happy to wait for us to find a property, then we would accept £X, but for £5k more we would move into rented and have no chain.

They paid the premium for a chain free purchase.

I would be really cross if you're were now in a chain, and would consider making it clear when you want to exchange by, and perhaps drop your offer if you have not exchanged by this date if the chain holds exchange up.

pinkteapot

You can ask them not to make it a chain and to exchange and complete with you ASAP, but they'll probably say no.

Your choices are to proceed with the purchase or back out and start viewing again.

The main question is - is the chain fully formed? Are their vendors now looking or are they buying a chain-free property. If you decide to stick with this house, try not to spend any money until the chain is formed up all the way to the top (ie ending with a no-chain house). Don't get your solicitor started or apply for your mortgage if it has an application fee.

fed_up_and_stressed

pinkcheshirecat wrote: »

As regards the chain, yes this can and does happen. As far as the damp goes..... Don't go through the estate agent, or direct to the vendor. If you want to get an answer, this needs to be an enquiry through your solicitor. Responses to enquiries are legally binding, where he/she said holds no weight after completion. Get it in writing.

Absolutely 100% agree with this ...although considering you have lying vendors and a damp problem unless this is your dream home i'd be running a mile in your shoes.