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

AnotherJoe

Whats so special about the sellers son that doesn't live there? He's no different to any other random person that the seller might decide to ask round.
When people sell homes do they have to get signatures of all their relatives to agree not to live in teh house?
I suspect you have an over zealous solicitor.
Now, if the son is say on a gap year in Oz, I think you'll just ahve to go ahead. IF he's not, say he's in Oz for a couple of week, either take a chance or wait until he gets back. But as I said, whats the difference between son and sellers nephews and nices, or his brother, or his mum and dad?

Tiglet2

The difference is that on the Property Info Form, sellers are asked these questions:

11.3 Please give the full names of any occupiers (other than the sellers) aged 17 or over.
11.4 Are any of the occupiers (other than the sellers) aged 17 or over tenants or lodgers?
11.5 Is the property being sold with vacant possession?

So, at the time the sellers filled in the form (might be over six months ago), at 11.3 they must have stated that their son was living in the property as occupier. At 11.4 they must have stated No, not a tenant or lodger. At 11.5 the sellers must have stated that the property was being advertised as vacant possession.

Because of these responses, the buyer's solicitor must clarify in writing that the occupier (the son) would sign the contract to agree to vacate the property and that selling with vacant possession at 11.5 would be achieved.

The easiest way to get round this is for the sellers to amend the PIF (stating that the previous one is out of date) to say that there are no occupiers (since the son is now in Australia), then the son would not have to sign as occupier. However, this would assume the son has moved out of the parental property permanently. Gap years wouldn't count since the property would still be the son's permanent residential address.

Of course they don't need to get signatures from relatives since this property is not the relatives permanent residential home. If relatives visit and stay for a few nights, they are classed as guests/visitors not occupiers. If nephews and nieces have mobile phone contracts (for example), what address would they have on their paperwork? If it is not the property being sold, it is not their residential address.

OPs solicitor isn't being over zealous, he is doing his job. No doubt the OP would be suing his solicitor if the son was in residence after completion, so the solicitor is covering himself as well as the client.

AnotherJoe

Thanks Tiglet that provides some clarity. So for the OP "all" he needs do is get the vendor to issue an amended form, and state that he won't be progressing with the purchase until vendor does.

Tiglet2

Yes an amended form should solve the problem, however I am assuming the son has moved out, not just on holidays/gap year, otherwise it would be not be appropriate. The seller is contractually bound not to tell a lie.