Buying a House in Lockdown

shinytop

This may be of interest to those in a similar position.  We will be ready to exchange/complete on a purchase soon.  My interpretation of the guidelines was that we should not proceed at the moment as we are currently not contractually bound to do so.  My solicitor was willing to go ahead, which surprised me. They then said we would have to sign a disclaimer, a draft of which I requested and received.  In summary, it said something like, "Dear Mr Shinytop,  because you haven't exchanged contracts your transaction isn't allowed under the current rules.  If you really want me to go ahead I will but you need to sign below to accept that you're breaking the rules and that you accept all liability for anything that might happen, ever, as a result.  Love and kisses, your solicitor. "

I don't want to break the lockdown rules and even if I did, I definitely don't want to provide a signed statement admitting that I have done so.  Anyone else in the same position had the same?  (In case anyone's wondering, I'm not signing it)

MovingForwards

I've had to provide a full set of reasons to my solicitor, saying why I should be allowed to move as they have interpreted the SRA / government guidance as no moves unless essential.

Basically felt like I had to beg him to do the transaction, provided a load of confidential information, but he is happy to proceed, when everything is ready and will be pushing it through.

davidmcn

shinytop said:

They then said we would have to sign a disclaimer, a draft of which I requested and received.  In summary, it said something like, "Dear Mr Shinytop,  because you haven't exchanged contracts your transaction isn't allowed under the current rules.

What were the "current rules" they were referring to? It's not illegal to complete a property purchase.

BekahLeaDee

It sounds like they are wanting you to admit to something "illegal" which it is not. 
Many house sales and purchases are still being conducted there is just the restriction in place due to the social distancing rules. I would say it is very much down to the individuals involved if they are still comfortable enough to proceed there is nothing illegal about it. 

staffie1

The rules on the govt website are clear: if you had exchanged prior to 23rd March, continue regardless.
If you hadn’t exchanged at 23rd March, you may continue if both parties cannot agree to delay, AND if the property you are moving to is unoccupied. In both cases, social distancing must be observed.

I am exchanging and completing the same day in a couple of weeks. I am moving to a currently unoccupied rental property, and my buyer is moving into my house 72 hrs after I move out (Estate agent won’t hand over the keys until then).

Both solicitors are happy with this arrangement, and have not asked either of us to sign any form of disclaimer. The only thing they insisted on was exchange and completion same day, which, under the circumstances seems sensible. Just a bit risky arranging removals and signing tenancy agreement.

shinytop

davidmcn said:

shinytop said:

They then said we would have to sign a disclaimer, a draft of which I requested and received.  In summary, it said something like, "Dear Mr Shinytop,  because you haven't exchanged contracts your transaction isn't allowed under the current rules.

What were the "current rules" they were referring to? It's not illegal to complete a property purchase.

I never said it was illegal; that was other posters.  I used the phrase "current rules"  colloquially when I should have used the term "government advice".  What my solicitor is doing is making me aware I'm going against government advice if I go ahead.
https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak

• Home buyers and renters should, where possible, delay moving to a new house while measures are in place to fight coronavirus (COVID-19).
• Our advice is that if you have already exchanged contracts and the property is currently occupied then all parties should work together to agree a delay or another way to resolve this matter.
• If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus.
• In line with government’s advice, anyone with symptoms, self-isolating or shielding from the virus, should follow medical advice which will mean not moving house for the time being, if at all possible. All parties should prioritise agreeing amicable arrangements to change move dates for individuals in this group, or where someone in a chain is in this group.

Because I haven't exchanged, moving is not "unavoidable for contractual reasons".  And the "and" in the middle of the (my) boldened words means it make no difference if we can't agree.

If anyone thinks I can move in my current situation whilst still following the advice above please tell me how I can convince myself because I do want to move.  I know I'm not going to get arrested if I go ahead regardless and I also know I'm not going to give anyone COVID-19 but I'll know I won't have followed our government's advice.   

davidmcn

My point was that the guidance is about moving house - you can still buy one. The solicitors aren't in charge of whether or when you shift your stuff. 

kazwookie

I am stuck in limbo, the house I want to buy, offer accepted etc, the old folk are now in lockdown and refusing to move for at least 12 weeks, my solicitor pulled her finger out and got all the searches etc back, the other party onward move while on hold their solicitor has now discovered that the local council where the old folk are going to have not go enough 'on duty' staff to carry out the searches etc.

My rental I am hunkered down in is ok, and will do, my cat is in a cattery................ hopefully the mess will be on the move / sorted out mid June time............................

shinytop

davidmcn said:

My point was that the guidance is about moving house - you can still buy one. The solicitors aren't in charge of whether or when you shift your stuff. 

Fair enough, but most people, including me and our vendors, want do both at the same time.  

davidmcn

shinytop said:

davidmcn said:

My point was that the guidance is about moving house - you can still buy one. The solicitors aren't in charge of whether or when you shift your stuff. 

Fair enough, but most people, including me and our vendors, want do both at the same time.  

If, as you summarised above, the disclaimer refers to the transaction being not allowed then it's patently nonsense. I would probably just sigh and humour the solicitors by signing the thing.

I would agree though that you would be acting against current guidance by choosing to move house. I take it there's no important reason justifying moving that you haven't told us about. 

MobileSaver

shinytop said:

• If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimise the spread of the virus.

Because I haven't exchanged, moving is not "unavoidable for contractual reasons".  And the "and" in the middle of the (my) boldened words means it make no difference if we can't agree.

The government advice is not very well worded but that is hardly surprising given how much new advice and how quickly the various departments have had to produce it.

As a maths guy my interpretation is different to yours, I read it as IF THIS AND THAT then you can move but respect social distancing.

THIS = "unavoidable for contractual reasons"

THAT = "parties are unable to reach an agreement to delay"

So only if both conditions are true can you go ahead (otherwise as you say the second condition is superfluous), however I can see how it can be interpreted differently.

First question, are you able to reach an agreement with the seller to delay?

Second question, I assume the property you are buying isn't already vacant as there are exceptions to the above normal rules in such a case?