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is it normal contract is still not exchanged near completion date

13

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Boler1985 wrote: »
    Interesting, any particular reason why this is? Just seems a bit backwards to me as a layman why a buyer would agree to buy land (with a house on it) rather than the house itself as a complete and undamaged structure!
    Look at the Land Registry Title.

    Note that it records ownership of the land (in fact the clue is in the name: Land Registry), and whilst the Plan of the Title may show an outline of the property within the land, that has no legal force and may be hugely out-of-date/inaccurate.
  • deFoix
    deFoix Posts: 213 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Ok I get that but it still doesn't really address my question. Why would a buyer not want to include the material characteristics of the house structure (i.e. an undamaged building) as a condition of the contract? Can't think of any other contacts like this.
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    Boler1985 wrote: »
    Ok I get that but it still doesn't really address my question. Why would a buyer not want to include the material characteristics of the house structure (i.e. an undamaged building) as a condition of the contract? Can't think of any other contacts like this.


    All houses have defects, big or small. The seller would be daft to promise you an undamaged house.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    ViolaLass wrote: »
    All houses have defects, big or small. The seller would be daft to promise you an undamaged house.
    No, you'd expect to buy it with the defects already existing at the point of exchange. But if it then suffers material damage, I would have thought it makes more sense for the buyer and seller to reassess whether they want to go ahead with the deal (which is what normally happens in Scotland).

    In practice how would completion happen anyway - a mortgage lender is hardly likely to hand over the money if they've been told about the problem (and I presume at the very least their solicitor would be telling them). How long would an insurance claim take to sort out?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nkkingston wrote: »
    Freehold: you buy the land and anything that's on it.
    Leasehold: you but the house but not the land it's on

    Not really - given that you can buy airspace, and lease land. More like:

    Freehold: you buy what is described in the title deeds

    Leasehold: you rent what is described in the title deeds.
  • Gigervamp
    Gigervamp Posts: 6,583 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Today is the completion date

    Just got told by my solicitor that they are still waiting redemption figure on the other end, and hopefully receive today, lender has transferred the mortgage fund and I am liable to pay £36 to return it if it's not completed today or Monday.

    by the way how long does that redemption figure thing take normally, how likely would it get sorted?

    stress

    I can't answer your question, but maybe one of the other posters can, once they've finished discussing whether a person is buying the land or the building on it. ;)

    BTW, have you actually exchanged yet?
  • deFoix
    deFoix Posts: 213 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    ViolaLass wrote: »
    All houses have defects, big or small. The seller would be daft to promise you an undamaged house.

    You could say the same thing about a car, but if you agree to buy it on Wednesday week and it catches fire the day before you're still not forced to buy the ashes!
  • Chapuys
    Chapuys Posts: 156 Forumite
    Part of the Furniture Combo Breaker
    Boler1985 wrote: »
    You could say the same thing about a car, but if you agree to buy it on Wednesday week and it catches fire the day before you're still not forced to buy the ashes!

    But you are buying the land, not the house so it isn't the same. If you buy the land with a new car on it. If the car burns down or is driven away by its real owner, you still have to buy the land.
    Anything I say in no way constitutes financial advice and anything you do is your own decision.
  • deFoix
    deFoix Posts: 213 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Really? I don't know about you but when I buy a house I want the full house and the land not just the land and what ever else is on it.
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    Boler1985 wrote: »
    Really? I don't know about you but when I buy a house I want the full house and the land not just the land and what ever else is on it.

    Then read your contract carefully and take out insurance at exchange.
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