Can We Risk Seller's Son Not Signing To Say He'll Vacate Property We're Buying?

rosieraspberry

I have been trying to buy a house all year and I'm finally coming to complete. The only thing we need is the seller's over 18 yr old son to sign to say he will vacate the property.
It's like getting blood out of a stone getting the seller, the seller's solicitor and our solicitor to do anything.
Can we exchange and complete without this signature and take the risk of the seller's son living there with us? Would our solicitor allow this? Would the mortgage company allow this?
I'm desperate and would rather move in with some bloke I don't know than continue homelessness!
What happens if the son has already left the property and moved to Australia? Is there anything else the seller could do to say the son was no longer living there and satisfy the solicitors?

Bossypants

rosieraspberry wrote: »

It's like getting blood out of a stone getting the seller, the seller's solicitor and our solicitor to do anything.

Why? What are they telling you is the sticking point?

AdrianC

If he's not living there, he doesn't need to sign to say he'll vacate. Same as I don't need to sign to say I won't move in then refuse to vacate...

Your solicitor shouldn't allow you to exchange without assurances of vacant possession, and the seller cannot complete unless he gives you that vacant possession. If that does happen, the seller is liable for all costs arising from the failure to complete. Which may well include alternative accommodation for you until he CAN complete...

davidmcn

I'm not familiar with this being part of the process -what exactly is it the son is supposed to be signing, and how would it benefit you? Your contract is with the vendor, who is obliged to procure vacant possession by the completion date - how he achieves that is up to them. I don't see how the son signing anything helps you - if the son doesn't move out then their parent is still in breach of contract.

Albala

davidmcn wrote: »

I'm not familiar with this being part of the process -what exactly is it the son is supposed to be signing, and how would it benefit you? Your contract is with the vendor, who is obliged to procure vacant possession by the completion date - how he achieves that is up to them. I don't see how the son signing anything helps you - if the son doesn't move out then their parent is still in breach of contract.

But if he doesn't move out, you would be facing a long and expensive process to evict him as a squatter if he had no rights. OTOH, if he has actually accrued some rights to live there, it might be even worse.

davidmcn

Albala wrote: »

But if he doesn't move out, you would be facing a long and expensive process to evict him as a squatter if he had no rights. OTOH, if he has actually accrued some rights to live there, it might be even worse.

Surely it's their parent who would be evicting them, and the OP would have a claim for them delaying/failing to complete? How likely it is that an 18 year old has any rights not to be removed from their parent's house?

OP, is there actually a suggestion that the son is planning to stay put?

ognum

Any adult resident at the address or part owner needs to sign the contract of sale prior to exchange of contracts.

Do not exchange without the signature.

Tiglet2

There is a clause within the special conditions in the contract that adult occupiers have to sign. Are you sure that the vendor hasn't just misunderstood this and didn't realise that the son needed to sign this clause? Therefore the contract has to be sent for signature to the vendor once again. There is also a question in the Property Information Form about occupiers - surely they completed this section? The vendor's solicitor would write to the son separately advising them that vacant possession means they have to vacate on completion day. If the property is being offered with vacant possession, I very much doubt your solicitor would want to proceed unless the son provided his signature.

Are you sure that the sellers are not just being naiive and hadn't realised that adult children have to formally agree to "vacate" even though the property is owned by the parents? I am wondering if, rather than being difficult, the vendor hadn't followed their solicitor's instructions/understood and was unaware of what they needed to do.

Clutterfree

When we last moved our sons were 17 and 19.
We just asked our 19 year old to sign the form to say he would vacate on completion which he did.
He was moving to the new house with us.

Why won’t he sign?
Are the sellers not allowing their son to move to the new property with them?
I can’t understand any other reason why he won’t sign unless it will make him homeless.

You need his signature!

martindow

From the OP it seems the son is in Australia. Presumably there is no need for a signature for someone not living in the house you are buying.

AdrianC

martindow wrote: »

From the OP it seems the son is in Australia. Presumably there is no need for a signature for someone not living in the house you are buying.

I s'pose it depends on how long he's in Australia. Is he resident there, or is he still resident in the house and simply a visitor to Oz...?