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Vendor Won't Clear House (Options)
Comments
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No I haven't gonw off to 'sulk'whoever said that ha. Just forgot to check back in.
The vendor is saying he will not clear the house at all, not that he just won't clear it YET. Even the EA says he is a **** We have it on the property info form that he said he will clear the house, but essentially is that not worth the paper it is written on?0 -
SavvySaver24 wrote: »No I haven't gonw off to 'sulk'whoever said that ha. Just forgot to check back in.
The vendor is saying he will not clear the house at all, not that he just won't clear it YET. Even the EA says he is a **** We have it on the property info form that he said he will clear the house, but essentially is that not worth the paper it is written on?
You’ve provided no new information. So not sure how you expect the advice to differ. I suspect until someone agrees with you, you will simply carry on.
Yes it means something. Enforcing it, or reclaiming losses will set you back far more in both finances and stress than either doing it yourself ( or lowering the price - which you won’t do )0 -
Yes, it's worth the paper it's written on.SavvySaver24 wrote: »The vendor is saying he will not clear the house at all, not that he just won't clear it YET. Even the EA says he is a **** We have it on the property info form that he said he will clear the house, but essentially is that not worth the paper it is written on?
You just have to enforce it.
Which means you take him to court for the costs of clearing the property.
As with any other small money-claim court case, he is entitled to issue a defence. His defence will almost certainly be documentary proof that you were aware before exchange that the property would not be cleared, and exchanged on that basis.
So... for the sake of a few hundred quid and a day with a bunch of mates, some pizzas, some beers... is it worth the time, effort, blood pressure?0 -
Is there really not a method of the vendor amending that form prior to exchange? That seems...odd. Transactions drag on and things will change, surely?Yes, it's worth the paper it's written on.
You just have to enforce it.
Which means you take him to court for the costs of clearing the property.0 -
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So does him saying in an email (via the EA) that he will now not clear the house override the signed form he submitted to solicitors stating he would?0
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As mentioned above, he can submit a different signed form before exchange. It's the latest one which counts. At present everything is still up for negotiation. He can say he's not going to clear. You can say you're lowering the price. Etc. If you don't reach agreement then exchange won't happen and nobody can enforce anything.SavvySaver24 wrote: »So does him saying in an email (via the EA) that he will now not clear the house override the signed form he submitted to solicitors stating he would?0 -
That seems entirely reasonable. Most houses are full of people and things, the new buyers exchange with this situation and then things get cleared just before completion.SavvySaver24 wrote: »
The vendor is saying he will not clear the house at all, not that he just won't clear it YET.
The sentence quoted suggests that the seller is possibly annoyed by demands that are being made but that he will clear the house before completion.
I think the OP is making an enormous problem out of something that will quite probably not be an issue at all.0 -
The sentence quoted suggests that the seller is possibly annoyed by demands that are being made but that he will clear the house before completion.
I think you've mis-read the sentence. The OP was responding to those saying he might clear it at a later time, as his response was he will not clear it at all.
OP crao situation but I'd leave it and see how bad it is when you move in. It really might just be the case of a couple of wardrobes etc that you wither might keep, sell, or dismantle.
If it is seriously bad then use your solicitor after completion0 -
is it a normal practice to ask vendor if he will clear or not?
why this doubt came in your mind that he won't clear it and you asked him for confirmation?0
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