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Completion day
SuperCarpetCleanerMan
Posts: 7 Forumite
After a long journey, it's completion day..
One slight hitch.
The seller is claiming he is unaware of it and hasn't been told, He's working away all weekend (ya know, even though it's Easter), and can't get the keys to us till Tuesday, and that the house still has his stuff in and he cant do that till the weekend after..
So..
What do i do, We're going ahead with the completion, do i change the locks and just skip his stuff?
We made the offer end of October and there wasn't much there then.. If we wait another week we'll be homeless, it's an empty property and we're first timers.
One slight hitch.
The seller is claiming he is unaware of it and hasn't been told, He's working away all weekend (ya know, even though it's Easter), and can't get the keys to us till Tuesday, and that the house still has his stuff in and he cant do that till the weekend after..
So..
What do i do, We're going ahead with the completion, do i change the locks and just skip his stuff?
We made the offer end of October and there wasn't much there then.. If we wait another week we'll be homeless, it's an empty property and we're first timers.
0
Comments
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https://forums.moneysavingexpert.com/discussion/5772489
I think you need to talk to your conveyancer.
Have you exchanged contracts or was exchange and completion planned for today?
Looks like it's been problematic throughout.Officially in a clique of idiots0 -
If you've exchanged, you'll be completing whenever he's able to and he'll be liable for expenses you've incurred in storage/accommodation etc.
If you've not exchanged, you just need to put up with it.
Your solicitor should by now have explained to you at least roughly what the implications of exchange are.0 -
What is most likely to end up happening is you don't move at all until you can get the keys.
He will have failed to complete.
In the meantime, you stay put and make new arrangements..... and he will have to pay your reasonable costs.
If you can stay where you are, that's fine and there are no costs, or minimal. You will have to pay for new removals etc, that's a cost.
If you can't stay where you are and have to book into a hotel, put your stuff into storage, re-arrange new delivery of goods, those are costs.... but a Travellodge hotel, not a 5* luxury break with spa over the weekend.
So, how will you be inconvenienced?
This is not your problem - this is his problem (to pay for) ... so don't go all wishy washy and go "OK mate, that's OK".
Your alternative is to pay for a locksmith to break into his house and then you have to arrange for all his goods to be packed and removed into safe and proper storage - you would have a legal responsibility for none of his goods to be damaged (and you don't know what he's got in that place!) .... and that'd be more of a headache than just dealing with your own goods.
Speak to your solicitor to say "he's not moving out ..... "0 -
As others have said, the really big important question is: Have you exchanged contracts?
Your course of action will be very, very different depending on the answer to this question.0 -
No, no, no - the buyer doesn't at any stage acquire a right to evict the seller, only for compensation arising from their failure to complete.PasturesNew wrote: »Your alternative is to pay for a locksmith to break into his house...0 -
No, no, no - the buyer doesn't at any stage acquire a right to evict the seller, only for compensation arising from their failure to complete.
I wasn't suggesting it, I was trying to indicate how ridiculous the alternative would be. And, in the OP's original post he did ask if he could skip the seller's stuff!0 -
Just being on the safe side - some people here have bizarre "common sense" ideas of what the law ought to be, or (as on a recent thread about removal delays) state that "completion happens when the money is transferred" and ignore the other stuff which needs to occur.PasturesNew wrote: »I wasn't suggesting it, I was trying to indicate how ridiculous the alternative would be. And, in the OP's original post he did ask if he could skip the seller's stuff!0 -
Until the OP confirms whether or not Contracts have been Exchanged, it is impossible to give meaningful advice.0
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You cannot go ahead with competion in the case because your seller cannot complete. I don't understand the bit about the seller doesn't know. The completion date would be in his contract and he would know at exchange of contracts.0
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I suspect the plan was for simultaneous Exchange/Completion - but we don't know!You cannot go ahead with competion in the case because your seller cannot complete. I don't understand the bit about the seller doesn't know. The completion date would be in his contract and he would know at exchange of contracts.0
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