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Vendor won’t complete on fixed completion date

24

Comments

  • Thrugelmir said:g
    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.

    I’m just hoping there isn’t some silly law that means they get out of it and don’t have to pay my legal fees because of corona virus.
    On a pragmatic level how do you intend to force them to move next week? Common sense dictates that it's stalemate. That requires everyone involved to come to an agreeable resolution. 
    Are Air BnBs and short term rentals still operating? I think lots are.
  • Thrugelmir said:g
    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.

    I’m just hoping there isn’t some silly law that means they get out of it and don’t have to pay my legal fees because of corona virus.
    On a pragmatic level how do you intend to force them to move next week? Common sense dictates that it's stalemate. That requires everyone involved to come to an agreeable resolution. 
    Are Air BnBs and short term rentals still operating? I think lots are.
    Certainly an option I could suggest. 
  • Thrugelmir said:g
    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.

    I’m just hoping there isn’t some silly law that means they get out of it and don’t have to pay my legal fees because of corona virus.
    On a pragmatic level how do you intend to force them to move next week? Common sense dictates that it's stalemate. That requires everyone involved to come to an agreeable resolution. 
    Are Air BnBs and short term rentals still operating? I think lots are.
    Certainly an option I could suggest. 
    I’d put it forward as an expectation, not an option. 
  • BikingBud
    BikingBud Posts: 2,999
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    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.
    I wouldn't be too defiant as it might come back to haunt you.
    Your life is too short to be unhappy 5 days a week in exchange for 2 days of freedom!

    One can always make more money. No one who has ever lived can create more time.
  • MysteryMe
    MysteryMe Posts: 3,526
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    There is no point fearing the worst until you get an answer from the bank. Hope it works out alright for you. 





  • Thrugelmir
    Thrugelmir Posts: 89,546
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    edited 3 April 2020 at 11:34PM
    Thrugelmir said:g
    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.

    I’m just hoping there isn’t some silly law that means they get out of it and don’t have to pay my legal fees because of corona virus.
    On a pragmatic level how do you intend to force them to move next week? Common sense dictates that it's stalemate. That requires everyone involved to come to an agreeable resolution. 
    Are Air BnBs and short term rentals still operating? I think lots are.
    Do you seriously think that this an option at the current time? Hence the words I used in my post. 

  • AlexMac
    AlexMac Posts: 3,069
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    I only know what I see in the media, but while there may be no "silly law", there is sensible  guidance,  which solicitors and lenders should be aware of; so ask them about
    https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak?utm_source=683bf1d6-c332-459b-892f-020f88481de3&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
  • onwards&upwards
    onwards&upwards Posts: 3,423
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    Thrugelmir said:g
    Assuming you really have Exchanged (you'd be surprised how many posters here think they have when they haven't!), your seller will have to pay you allsorts of costs if he does not Complete on time.
    Of course you can agree a new Complettion date, but a) you need to ensure your mortgage is not at risk and b) that your solicitor arranges this contractualy for you.
    Thanks. We defiantly have exchanged.

    I’m just hoping there isn’t some silly law that means they get out of it and don’t have to pay my legal fees because of corona virus.
    On a pragmatic level how do you intend to force them to move next week? Common sense dictates that it's stalemate. That requires everyone involved to come to an agreeable resolution. 
    Are Air BnBs and short term rentals still operating? I think lots are.
    Do you seriously think that this an option at the current time? Hence the words I used in my post. 

    Why not?  Moving is allowed. 
  • m0bov
    m0bov Posts: 2,802
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    edited 4 April 2020 at 7:37AM
    Yo can’t force the sale, but you can sue for losses such as temp accommodation, storage, the difference in resale value should it be aborted. Your vendor stands to loose a fortune.
  • pinkteapot
    pinkteapot Posts: 8,044
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    edited 4 April 2020 at 8:28AM
    You need proper advice from your solicitor, OP. The process should be that if completion does not take place on the completion date then your solicitor issues a Notice to Complete which gives the vendor a certain number of days (can't remember how many) to complete. Your solicitor can tell you what the penalty is for the vendor if they don't complete. If a buyer fails to complete they lose their deposit. If a vendor fails to complete it's more complex. 

    Your vendor shouldn't have exchanged on their sale with fixed completion without their new-build being finished. Or, they should have done so with a plan for where they'd live temporarily if the new-build was delayed. New-builds are often delayed even when there's not a pandemic.
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