Seller failed to vacate in time for our removals

moneyistooshorttomention

lookstraightahead wrote: »

When this happened to me I just started moving in to MY house. They had to move around me to get their chickens and ducks. They were on my land.

That was my first thought about this - ie "I'm due to move in/they know I'm due to move in/it's MY house now - I'm moving in anyway regardless".

I guess we don't know the circumstances as to whether it was literally impossible for OP to move their stuff in - because there literally wasnt enough room (courtesy of previous owners stuff still being there) AND there wasnt enough room in the garden for previous owner to put their stuff out there to make room in OP's house for OP's stuff?

A thought - OP = I do hope you took photos of all that stuff still sitting there in your house - as it will assist you in claiming the costs incurred because of previous owner.

G_M

MrBrindle wrote: »

I'll need to double check the times on the contracts then. I'm sure our solicitor mentioned 4 over the phone.
4.00 PM is unusual for a contract. However there is usually a degree of flexibility, especially towards the end of a chain where money has to be passed down from buyer to seller through the day.

But waiting for money to transfer should not stop a seller from starting packing. So even if Completion was delayed till 4.00 due to money not arriving till then, the seller should be packed and ready to hand over the keys immediately.

Check your copy of the contract.

So, were our removals unreasonable? Say if they did vacate at 4 and removals still refused, where would we have stood then?
How long did it take them to unload? If they could do it by close of the working day (5.00? 5.30?) then fine. Or if you had contracted (and paid) for them to work later, again, they should.

but otherwise you can't reasonably expect them to hang around all do and then work all night!

However, our sellers still didn't vacate until 7pm, so irrelevant regardless I suppose.

Jacomdj:- Although it did not effect your buyers, legally you should have been out at 11:30, when your previous property ceased being yours.

Only if that's what the contract stated. The OP thinks it was 4.00. This needs checking before any categorical statement can be made.

millysg1

There excuse that they did it themselves isn!!!8217;t good enough. We moved ourselves last time but we still made sure we packed everything up by 1pm, we loaded our car, in laws car and a friends the night before, we hired our own van the night before and filled up that morning and if there was anything else we couldn!!!8217;t fit in we took to my parents house and loaded it into their garage so we new everything would be out the house by 1pm. Then we went to our new house in which they were running about 1 hour behind which we were happy to wait for and Once they had vacated at 2pm we unloaded everything from cars and vans and went back to parents to get reminding ones.

It can be done if your organised. So no excuse for 7pm. They should of done more in advance.

Doozergirl

It happened. I'm sure why people are pointing out that it isn't acceptable or what could have been done in hindsight. We already knew it wasn't acceptable, but we didn't know how brilliant you all are. You learn something every day.

millysg1

Well there is no need for that! I’m just pointing out their excuses arent a good enough defence.

G_M

lookstraightahead wrote: »

When this happened to me I just started moving in to MY house. They had to move around me to get their chickens and ducks. They were on my land.

I understand your thinking, but in fact, from a legal perspective, it was not your house.

It becomes your house on Completion.

For Completion to take place, two things are legally required:

1) the agreed money must be paid, AND

2) the property must be handed over, with vacant possession (assuming vacant possession is in the contract).

In your case, the sellers had failed to Complete so the house was not yours.

MrBrindle

Many thanks for all the advice on this.

Regarding moving our stuff into OUR new house, the removals company declared they could not start unpacking our stuff until all sellers' items had been removed. They still had lots of items in each room until 5pm.

Our contract documents are in a box somewhere, so I will ask solicitor to clarify the completion deadline. I believe the 4pm time I noted on here may have been the chains deadline to complete - not sure exactly though. I just remember that figure being mentioned.

I have sent an email to the solicitors today asking for advice and what steps should we take next, and what fees he would charge to act on this. I have also asked for a statement and invoice from our removals to pass on if need be. I also have photos of the sellers' 4 family cars outside the property at 6.30pm.

Like I said we become quite friendly with them, and don't want to argue with what sounded like decent people, however they left us in a very unfair situation. Questions should be raised over their own solicitor as well. They should have been advised to not do their own removals, especially in a chain when time is crucial.

What makes this situation more bizarre is that the night before completion, the seller husband text me asking if I needed a hand on the day!

Doozergirl

It's none of a solicitor's business how people choose to move house.

The text from the husband just goes to show that it wasn't deliberate. Stuff goes wrong.

I'm sure you'll get that money back.

strawberries1

G_M wrote: »

I understand your thinking, but in fact, from a legal perspective, it was not your house.

It becomes your house on Completion.

For Completion to take place, two things are legally required:

1) the agreed money must be paid, AND

2) the property must be handed over, with vacant possession (assuming vacant possession is in the contract).

In your case, the sellers had failed to Complete so the house was not yours.

Completion is usually done over the phone on the contractually agreed date when the solicitors confirm receipt of funds and that keys are being released. Whoever fails any of the conditions agreed in the contract at exchange eg not giving vacant possession at completion usually by phone before 1pm, not remitting funds etc becomes liable for damages and compensation.
The OP is entitled to damages and reimbursement.

ThePants999

strawberries1 wrote: »

Completion is usually done over the phone on the contractually agreed date when the solicitors confirm receipt of funds and that keys are being released. Whoever fails any of the conditions agreed in the contract at exchange eg not giving vacant possession at completion usually by phone before 1pm, not remitting funds etc becomes liable for damages and compensation.
The OP is entitled to damages and reimbursement.

G_M isn't disagreeing with that. Just making a point that if the seller fails to complete, then while they are indeed liable for any costs that the buyer incurs as a consequence, the result is that the vendor does still own the house until they DO complete.