Completion nightmare

Monkeysocks33

My son is completing on his first property today. Barclay's banking system was down creating a delay in getting the mortgage money sent over but this was eventually done and received by the sellers solicitors. Keys were released but then he was told he couldn't have them as the vendor didn't have time to complete on his onward purchase. So now he does a flat that he's not allowed to move into. The solicitors have closed for the day so now he is at the mercy of the agents who appear to be deciding whether he should be allowed to have access to a property he now legally owns! Anyone got any idea of his rights?

G_M

Monkeysocks33 wrote: »

......a delay in getting the mortgage money sent over
not uncommon

but this was eventually done and received by the sellers solicitors. Keys were released
so cash paid and keys received.
He has 'Completed'

but then he was told he couldn't have them
so 'someone' (agent? solicitor? seller?) asked for the keys back? If so, why did he hand them back.

as the vendor didn't have time to complete on his onward purchase. So now he does a flat that he's not allowed to move into.

So the agent has the keys? Either


1) call out a locksmith, show the Transfer documents to prove ownership, and break in
2) jump up and down in the agent's office and refuse to leave without the keys. Make a big nuisance.
3) Are the sellers still in the property? Go round, ring the bell, and when door opens walk in to his property. Tell the seller to leave. (maybe take a few friends round for support, and order a take-away....)
4) check into a hotel and claim the cost of dinner bed breafast off the seller.
Or tell the seller that's what he's going to do unless they vacate....

Browntoa

It's his house

Seller should not be there...

mrschaucer

Vendor's problem. They need to move themselves out of son's property sharpish and sort out their onward move which they are now in breach of contract for.

AdrianC

Monkeysocks33 wrote: »

Keys were released but then he was told he couldn't have them as the vendor didn't have time to complete on his onward purchase.

That's the vendor's tough luck.

So now he does a flat that he's not allowed to move into. The solicitors have closed for the day so now he is at the mercy of the agents who appear to be deciding whether he should be allowed to have access to a property he now legally owns! Anyone got any idea of his rights?

Yes, he has every right to get into HIS property, and the vendor should have been gone by now.

Any costs incurred from failure to fully complete land on his vendor.
If that means an out-of-hours locksmith, that means an out-of-hours locksmith.
If that means a hotel over the weekend, then that means a hotel over the weekend.
If that means a bill from the removal company, then that means a bill from the removal company.

pinkteapot

Seller is in the wrong - seller should be in temporary accommodation. However, without a solicitor to tell the seller that, you might have trouble getting them out of there.

Completion will be resolved on Monday, likely first thing Monday morning. Where is your son now? If he's in a rental and has overlap so still has it, the options are to stay there till Monday and start shouting at solicitors first thing, or go round with some mates to evict the seller.

If he had removals booked today and has had to cancel at cost, or will have to arrange temporary accommodation at cost, keep all receipts as there's probably a way to claim those costs from the seller once it's all sorted.

Please do keep us posted on what happens!

Monkeysocks33

He didn't get as far as picking the keys up. He was on his way when the agent called and said he couldn't have them after all. I've told him to go into the agents and stay there until he gets the keys. We're away on holiday at the moment but if we were weren't i would be in that agents insisting they give him the keys. He's young though and is worried about upsetting people when he should be the one who is upset!!!

mrschaucer

So the agent thinks the vendor is entitled to both the property AND the money?

pinkteapot

That being said, look at this:

http://freeconveyancingadvice.co.uk/sale-purchase/property-completion

Anyone know what the bit in bold means?

It should be noted that unless there is a special condition in the contract to the effect then the seller is not entitled to refuse to complete provided that he does receive the funds on the day of completion, even if they are late. If they are so late as to prevent him completing on an onward transaction however than he may choose to remain in the property regardless, so as to avoid being homeless.

"may" according to who? Is that right in the contract?

Monkeysocks33

He is actually still living at home so it's not so much the needing to get in or being homeless. His dad has travelled down to help with the move and he has deliveries arriving at the property tomorrow.

Monkeysocks33

My son has been to the property and there doesn't appear to be anyone there. The seller had at the beginning of the process offered to move in with his sister who lives nearby to where he is moving to so I expect that he us actually staying with his sister rather than moving back in.