Seller won’t leave property

Naughtydog

Hiya

So following my last thread RE me buying my partners sister out of a mortgage. I have another small dilemma which would like some input on.

So to summarise, my partner and his sister have a joint mortgage on a 2 bed flat. I’m buying his sister out, she is using the money for a deposit on her house.

Transfer and remortgage completion is on Friday 4th October. Everything is signed and paid for and ready to go, except there is a small issue.

So the sister was going to exchange and complete for her purchase on the same day as the transfer of equity, 4th October but unfortunately due to some issues with her seller, she is not able to complete on the 4th. From the sounds of things it will be on the 11th now.

Here’s the thing, the property is going to be under my name on the 4th but she doesn’t want me to move in until she has completed and moved out, on top of this she wants me to pay her for October’s bills (as they went out just before the transfer).

I moved out of my rented house back to my folks to save some extra cash for the solicitors which is all paid off now, and I’m being told that I can’t even move into my property until a week maybe 2 weeks after? Has anyone else had an issue like this before?!

Considering the property is in my name at this point surely I have a legal right to live there. I’m even allowing her to keep all her furniture there etc she can carry on living as she is until she completes, and I’ll just stay in my partners room - but she’s making a massive issue here.

What would you do if you were in my situation? Would you just move in Friday and ignore her ? (She is the argumentative type) let’s also not forget her boyfriend has been lodging there for the last year.

I’m just frustrated because we have been doing this for months now and now the end is almost here I’m being told to wait longer even though it’s my (and my partners) property as of the 4th!!! I feel like I’ve sacrificed everything for this and they are all just sitting pretty.

Jarviscocker

Just wait a few days.

Yes she should be out..... but hey that’s family.

Where would she reasonably go for a few days?

kinger101

Have you already exchanged contracts?

You shouldn't have until a completion date had been agreed with the upward chain.

Naughtydog

She could stay at her parents. Or her boyfriends house. But she chooses to stay at the property instead.

Naughtydog

Kinger101 we exchange and complete on Friday 4th October

kinger101

Naughtydog wrote: »

She could stay at her parents. Or her boyfriends house. But she chooses to stay at the property instead.

Because it will be a massive PITA for her to move twice, or move out once your stuff is in there too.

Your OH's sister will likely refuse to exchange on that date. Your solicitor too if they're aware the property won't be vacant on that date.

Your OH's sister is in the right. Exchange once the upward chain is complete.

Things like this happen. She isn't delaying things out of malice.

You're being unreasonable.

As for bills, just phone the utilities and give them meter readings on the day you move in. Same with council tax. If she's due any refund, she'll get it from them.

[Deleted User]

I think as she is your partner's sister, it would be politic to allow her the two weeks grace she needs. Concentrate on the end goal. The place will be yours and your partner's. She will have her own place. Peace will reign, hopefully.

There's no real need to feel cheated or slighted.., you will get what you want, with a slight delay. And a partner grateful for the good grace with which you conduced yourself, hopefully.

You could try delaying the completion date. No need to pay the additional bills then. You haven't actually exchanged yet so this should be possible.

G_M

Naughtydog wrote: »

...

So to summarise, my partner and his sister have a joint mortgage on a 2 bed flat. I’m buying his sister out, she is using the money for a deposit on her house.

Transfer and remortgage completion is on Friday 4th October.
No. You are currently hoping it will happenon 4th but as you have not Exchanged that's all it is - a hope.

Everything is signed and paid for and ready to go, except there is a small issue.
You've actually paid the money to the seller - your partner's sister? Mad! That happens on Completion (which may or may not be the 4th).

So the sister was going to exchange and complete for her purchase on the same day as the transfer of equity, 4th October
She cannot know that. Again- that is simply her currenthope. There are 73 things that could happen to alter, delay or cancel that (I'll not list them here).

but unfortunately due to some issues with her seller, she is not able to complete on the 4th. From the sounds of things it will be on the 11th now.
Ah! What did I tell you?

Here’s the thing, the property is going to be under my name on the 4th
Why? It is perfectly normal for puchase and sale to be co-ordinated. If one is delayed, so is the other. Solicitors and mortgage lenders deal with this 100s of times every week.

but she doesn’t want me to move in until she has completed and moved out,
well at least one of you has some sense!!!

on top of this she wants me to pay her for October’s bills (as they went out just before the transfer).What bills? It is common practice to apportion any bills that a seller has paid which cover a period post-sale. Or for the seller to obtain a refund, depending on what the bill is for.
Solicitors and mortgage lenders deal with this 100s of times every week.

I moved out of my rented house back to my folks to save some extra cash for the solicitors which is all paid off now, and I’m being told that I can’t even move into my property until a week maybe 2 weeks after?
It is not 'your property'.

Has anyone else had an issue like this before?!
Yes - it happens all the time.
It is particularly common and probeatice where Exchamge and Completion are being timed for the same day since that day cannot be guaranteed untill the day itself, and therefore cannot be easily planned for.

Considering the property is in my name at this point surely
What point? 4th Oct? I seriously doubt she will transfer the property to you on the 4th from what you say, so it will not be your property.

I have a legal right to live there.
I doubt it.

I’m even allowing her to keep all her furniture there etc she can carry on living as she is until she completes, and I’ll just stay in my partners room - but she’s making a massive issue here.
No - you have unreasonable expectations and are being inflexible by trying to insist on a Completion date of the 4th that she is not ready for.

What would you do if you were in my situation?
1) apologise to your partner's sister
2) agree a new target date with her for Completion (ideally with Exchange a week earlier!)
3) instruct my solicitor, and the lender, of the new date

Would you just move in Friday and ignore her ? (She is the argumentative type) let’s also not forget her boyfriend has been lodging there for the last year.
No. But hopefully you'll not have a key. If you do, then in her position I'd change the locks!
Boyfriend is irrelevant.

I’m just frustrated because we have been doing this for months now and now the end is almost here I’m being told to wait longer even though it’s my (and my partners) property as of the 4th!!! I feel like I’ve sacrificed everything for this and they are all just sitting pretty.

Buying / selling / transferring property is always frustrating and always takes longer than wanted or planned. Flexibility and patience is required right up to the day Contracts are Exchanged, which is why Completing on the same day is avoided in most cases.

Doodles

If she isn't ready to exchange/completion on the 4th, then she isn't.

Just move exchange/completion to the 11th instead.

No need for this situation to get messy or complicated.

Doozergirl

Your partner's sister is right. GM's post gives you a full breakdown of that. It's you that needs to eat humble pie.

Exchange and completing on different days would be prudent, particularly because one of you is prone to jumping the gun. It provides certainty.

Be aware that if her purchase isn't ready, it isn't ready until it is ready and no amount of wishing or expecting it to be on a different day - I'm talking about the 11th here - is going to make it happen. When the solicitors have finished their job, then you decide between you on the dates. Nothing is agreed until exchange.

eddddy

People are assuming that you are using a contract. However, your post makes it sound like you are going "straight to transfer" without a contract, so some of the suggestions in the thread may not apply.

(Or have you signed a contract?)


But none of this is really a legal question - it's about 3 people 'negotiating' to reach an agreement. I guess at least one person is going to have to compromise.



(It sounds like you're moving in with your partner for the first time. I guess it's a bit worrying that you're already turning to strangers on a forum to discuss arguments between you, your partner and your partner's sister.

Ideally, you should be resolving issues through discussion between the 3 of you.

For example, it would be a bad sign if you needed a solicitor to agree apportionment of October's bills between you, your partner and your partner's sister. It's much better that you find a way to settle that in a friendly way between you.)