[Scotland] Can someone help me understand my options? Completion/Entry Date

ScottishSaver14

Hi all,

Thanks for taking the time if you're ready this.

We're in the early stages of the conveyancing process. Initially we had agreed with the seller/solicitors a tentative entry date of 12th Sept.

Seller initially said (pinch of salt, I know) that she would be happy to suit us entry date wise etc and she had the option of staying with family because she hadn't started looking yet.

Fast forward approx 3 weeks and she's had her offer accepted somewhere. The people who's house SHE is buying are buying a new build, with a completion date in 'mid October'.

Now...if I've learned one thing on this forum it's not to trust new build completion dates. And there's not even an actual DATE yet.

October doesn't suit us really. Our contracts for our rental for electricity gas broadband etc end in early September. We were happy moving to standard tariff for a few weeks but a month and half will be extortionate. The house we're buying needs a fair bit of cosmetic work we were hoping to do before the night's draw in....I just don't know what to do?

If we get a date of say.....October 15th, and we /our vendor sign the missives. Does that mean that 100% our entry date will be October 15th?

The idea of faffing about waiting for a new build to be completed is giving me the fear, not to mention all the other financial implications. :eek:

Thank you for any insight.

davidmcn

Has she actually said she wants your date of entry to be dictated by the newbuild entry date? As that may only involve 7 or 14 days' notice.

If the concluded missives have a specific date of entry then yes, that's the date everyone is bound by.

Chat to your solicitor if you're not understanding this stuff, it's what you're paying them for.

On the utilities point, you can find cheaper tariffs without a minimum contract length.

ScottishSaver14

Has she actually said she wants your date of entry to be dictated by the newbuild entry date? As that may only involve 7 or 14 days' notice.

Is this the case in Scotland do you know?

Exactish wording below:

'I have heard today from the vendors solicitor that the lady you are buying from has been asked to accommodate a date of entry mid-october. I understand the people at the top of the chain are purchasing a new build hence the longer date of entry.

If you can confirm that you can accommodate this date we can move matters forward.'

ScottishSaver14

Regarding your edit...

If the concluded missives have a specific date of entry then yes, that's the date everyone is bound by.

That confirms my thoughts thanks.

Chat to your solicitor if you're not understanding this stuff, it's what you're paying them for.

She emailed me while on annual leave so I didn't feel I could call. I'll be doing that tomorrow

On the utilities point, you can find cheaper tariffs without a minimum contract length.

I guess it's an extra hassle we were hoping to avoid with flat notice and arranging workmen and time off etc but also good to know, thank you

davidmcn

ScottishSaver14 wrote: »

Is this the case in Scotland do you know?

If you're buying off-plan then the builders' missives will be along the lines of "the date of entry will be 7 [or whatever] days after we tell you that construction of your house is complete". So if the buyer was wanting to tie in exactly with that, you wouldn't get any more notice than she would.


But she might be trying merely to shorten the period where she has to move in with family (or whatever she does inbetween properties) and offer you a fixed date.

ScottishSaver14

But she might be trying merely to shorten the period where she has to move in with family (or whatever she does inbetween properties) and offer you a fixed date

For arguments sake, are we allowed to say no and suggest another date?

I don't want to create a whole load of conflict around it, but at the same time it will have consequences for us if it is mid October, and im slightly annoyed she made it seem like it wouldn't be a problem.

Thanks for all the insight by the way!

googler

ScottishSaver14 wrote: »

If we get a date of say.....October 15th, and we /our vendor sign the missives. Does that mean that 100% our entry date will be October 15th?

Yes, once the missives are concluded, the date of entry is set in stone.

googler

ScottishSaver14 wrote: »

For arguments sake, are we allowed to say no and suggest another date?

Yes. If they suggest (say) 15th Oct, you can go back and say 15th doesn't suit you, can we make it 8th/22nd or similar.

When you both agree on this and on all other aspects of the missives, it will then be set in stone.

ScottishSaver14

. Yes. If they suggest (say) 15th Oct, you can go back and say 15th doesn't suit you, can we make it 8th/22nd or similar

Thank you, ok...so I just need to clarify an actual date then :eek:

Aaaaargh....new builds,man.

sheramber

Your solicitor should know this but the wording needs to state 'time is of the essence'.

When we bought one of our houses there was a delay in the bridging loan coming through and the seller's solicitor ( an eEnglish firm) tried to claim costs from us for the delay.

Our solicitor successfully disputed our liability on the grounds that that phrase was not included in the wording.

davidmcn

sheramber wrote: »

Your solicitor should know this but the wording needs to state 'time is of the essence'.

The penalty clauses are all standard wording and make clear that either party is liable if they don't fulfil their obligations on the date of entry, you don't need to worry about that aspect.