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Notice to Complete on Vendor

Looking for anyone who has experienced this so we know what to expect.
We exchanged on 15th jan with a completion date of 2nd march.
today we have been advised via the estate agent that our seller cannot move out on fri as agreed & is looking to stay there until end of march offering to pay our costs.

Now this is not acceptable to us as we are currently in rental which cannot be extended other than a further week. We have pets with us so is very difficult to get anything short term.

We want him to move into temp as its only him.
Currently solicitors & est agents are trying to make this happen.

Our solicitor will if nothing is resolved by end of today serve a notice to complete which gives him 10 days, then if he hasn't vacated we can pull out & sue.
Has anyone been through this?

Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    why can't they stay somewhere else rather than offer to pay for your expenses, weird. Well they exchanged and failure to complete will incur heavy costs for them, they just need reminding.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • ashe
    ashe Posts: 1,574 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    surely cheaper for him to go into rental accommodation than pay your costs/legal action?
  • alrewas
    alrewas Posts: 76 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    that's our argument, he can go into a flat or anything as its just him. We have to find something pet friendly which will be much dearer, plus our storage plus any other fees we can throw out him. The guy is a complete idiot.
  • ashe
    ashe Posts: 1,574 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    alrewas wrote: »
    that's our argument, he can go into a flat or anything as its just him. We have to find something pet friendly which will be much dearer, plus our storage plus any other fees we can throw out him. The guy is a complete idiot.

    Get a quote from a cattery/kennel - it's probably about £12+ a day for 2 pets assuming both cats or both dogs, more if you have extra. Adds up fast. add that to your rent & bills and add a huge margin for your trouble, seeing such a figure might sway him.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    alrewas wrote: »
    Now this is not acceptable to us as we are currently in rental which cannot be extended other than a further week.
    Your notice may be expiring, but that doesn't mean you will be on the street. Your landlord cannot obtain possession so quickly.
  • alrewas
    alrewas Posts: 76 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    its not a normal rental, its a holiday let as it was only to cover 2 months. we can get it extended for a few days as its booked up almost all of march.
  • silvercar
    silvercar Posts: 49,960 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    today we have been advised via the estate agent that our seller cannot move out on fri as agreed & is looking to stay there until end of march offering to pay our costs

    Your buyer needs to speak to his solicitor rather than his estate agent. The solicitor will tell him that he needs to move. His estate agent will tell him that he will see if you will agree. Push back firmly to the estate agent that you have no intention of not moving on the agreed date and suggest that the buyer speaks to his solicitor.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    If push comes to shove, you can just stay in your current rented property. Assuming you gave notice on it, once your notice expires, the landlord will be entitled to double rent, but they won't actually be able to evict you as quickly as end-March. And, of course, you can charge every penny of this rent to the seller.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Be firm, the EA is taking the easy option by asking you nicely to help the seller out.

    It's not your problem, and neither should it become your problem. Don't even think about capitulating as it could go on for an extended period beyond what you think it would be. Why should your life be made difficult to make theirs easy?

    Go down the legal route, and get your solicitor to tell them what's what!
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    The problem is that your seller has spoken to the EA, not his solicitor. If he'd told his solicitor that's what he wanted to do, they would have set him straight!

    Phone your solicitor (not the EA) and get them to speak to the seller's solicitor, who should then explain the concept of breach of contract to their client.
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