Help, due to complete in the morning seller saying may be delay

cybele2003

FTB we are due to complete tomorrow it's been a very long drawn out stressful process. The seller rang today to say her ex partner has been unable to get his belongings out of the garage (which hes had since October to do) as hes been admitted to hospital. The seller is now saying they may not be able to complete tomorrow. We've heard nothing from EA or our solicitor I'm stressed as I dont want the sale to be delayed we have things being delivered Thursday and all our stuff packed ready to go. But dont want to be responsible for someone else's items. Can the seller refuse funds? And stop completion taking place?

elsien

They'd be very silly if they did, presuming you've already exchanged.
Can they not put the expartners stuff in Storage? They may not want to but it'll be cheaper for them than paying all your costs associated with any delay.

cybele2003

Yes contracts exchanged 2 weeks ago, when we asked seller stated they'd just under gone surgery last week so would be unable to move ex partners things and said it was nothing to do with them. I'm really stressed about it and frustrated as it feels they have not been completely truthful through the whole process hence it taking so long.

Slithery

Have you exchanged yet?

cybele2003

Slithery said:

Have you exchanged yet?

Yes nearly 2 weeks ago  

NewShadow

The seller can refuse to exchange complete - but, while it will be inconvenient for you... it will be very expensive for them and they will be being advised by their solicitor to complete as scheduled. 

You are required to mitigate your costs - so if you can sit tight you should - but if needed you can place your belongings in paid storage, book yourselves into a B&B, and pay your delivery people to ship your goods to storage then ship them to your new home on the new completion day - all at the sellers cost. 

Assuming this is a delay - rather than the seller completely pulling out... which would be even more expensive for the seller. 

Here's a case from 2009 demonstrating the absolute worst case scenario - for the seller: https://forums.moneysavingexpert.com/discussion/1806123/vendors-pull-out-after-exchange-of-contract

cybele2003

NewShadow said:

The seller can refuse to exchange complete - but, while it will be inconvenient for you... it will be very expensive for them and they will be being advised by their solicitor to complete as scheduled. 

You are required to mitigate your costs - so if you can sit tight you should - but if needed you can place your belongings in paid storage, book yourselves into a B&B, and pay your delivery people to ship your goods to storage then ship them to your new home on the new completion day - all at the sellers cost. 

Assuming this is a delay - rather than the seller completely pulling out... which would be even more expensive for the seller. 

I hope it doesn't come to this but good to know there are options, I dont think the seller will completely pull out they have already moved into there new house. I guess it's a waiting game now to see what is said tomorrow. What happens if our solicitor sends the funds and then they delay handing keys over? 

NewShadow

Theoretically you can claim interest by the hour but... any costs you reasonably incur - such as extra costs for your delivery people - can be passed over to the seller. 

If you complete and goods are left at the property, you are not required to protect or insure them - but you are required to take all reasonable steps to keep them safe until a reasonable time has passed, then you can dispose of them. Given you're in contact with them I'd suggest waiting and seeing what happens tomorrow and, if there's any 'stuff' left behind, getting a written deadline for collection/disposal. 

cybele2003

NewShadow said:

Theoretically you can claim interest by the hour but... any costs you reasonably incur - such as extra costs for your delivery people - can be passed over to the seller. 

If you complete and goods are left at the property, you are not required to protect or insure them - but you are required to take all reasonable steps to keep them safe until a reasonable time has passed, then you can dispose of them. Given you're in contact with them I'd suggest waiting and seeing what happens tomorrow and, if there's any 'stuff' left behind, getting a written deadline for collection/disposal. 

Thank you, I'll do that hopefully I'm just worrying over nothing

MysteryMe

At least the items are in the garage.  I wouldn't worry too much, sounds like you'll be able to move in to the house OK.

cybele2003

MysteryMe said:

At least the items are in the garage.  I wouldn't worry too much, sounds like you'll be able to move in to the house OK.

The thing that worried me was when she said the EA had advised her it may delay completion.