Is seller being unreasonable to refuse to sell to us if we don't arrange a survey within 2 weeks?

lillyfrog

My offer was accepted 10 weeks ago. There are tenants living in the house and I was assured they where leaving of their own choice within 2 weeks of when I put the offer in and it was being sold vacant possession, so decided to wait the 2 weeks to arrange a survey. In the meantime I've instructed a solicitor and had my mortgage approved. After a month they where still living in the property so phoned estate agent to see how things are to be told they are still looking for somewhere to move to. Now the seller is demanding I get a survey done within 2 weeks or she will sell the house to someone else. I explained I'm apprehensive on spending money on a survey due to not knowing if the tenants actually want to leave. The estate agent now tells me they where asked to leave in June and they have until mid December to leave. There's no guarantee they will have moved by this date. My house is now sold and IL have to move in with my parents again in the meantime. Can an estate agent demand I get a survey done and if I don't refuse to sell to me. I've paid an arrangement fee for my mortgage and most likely have a solicitors bill for any work they have done up to this point. I can't understand the demand for the survey or is it me who is missing something?

greatcrested

Forget this property. The tenants might be there for another 6 months.

The seller is deluded and should have evicted the tenants before marketing the property You have been sensible to hold back on the survey (though rash to spend money on mortgage application and legals) before the property is vacant.

If the the tenants leave soon, fine, get your survey done (assuming the seller has not gone off in a huff!), but meanwhile, ask the agent to send you details of other properties.

[Deleted User]

lillyfrog said:

My offer was accepted 10 weeks ago. There are tenants living in the house and I was assured they where leaving of their own choice within 2 weeks of when I put the offer in and it was being sold vacant possession, so decided to wait the 2 weeks to arrange a survey. In the meantime I've instructed a solicitor and had my mortgage approved. After a month they where still living in the property so phoned estate agent to see how things are to be told they are still looking for somewhere to move to. Now the seller is demanding I get a survey done within 2 weeks or she will sell the house to someone else. I explained I'm apprehensive on spending money on a survey due to not knowing if the tenants actually want to leave. The estate agent now tells me they where asked to leave in June and they have until mid December to leave. There's no guarantee they will have moved by this date. My house is now sold and IL have to move in with my parents again in the meantime. Can an estate agent demand I get a survey done and if I don't refuse to sell to me. I've paid an arrangement fee for my mortgage and most likely have a solicitors bill for any work they have done up to this point. I can't understand the demand for the survey or is it me who is missing something?

Yes, the estate agent and their client (the vendor) can demand whatever they like.  There's nothing to say you have to comply though and given that the vendor's story has changed from the tenants are leaving of their own volition to the tenants were asked to leave I wouldn't go spending any money on solicitors or surveys at this stage.  I'd start looking at other properties that aren't currently occupied by tenants.

SpiderLegs

Don’t waste any more time or money on this property. 

Hannimal

Do not spend a penny more on this property, find something else. It's too risky. 

NameUnavailable

Tenants may still be there this time next year!

carefullycautious

Turn it around and tell the seller if the tenants haven't moved out in 2 weeks you wont be getting any survey done.

Aranyani

Completely unreasonable for a seller to expect you to start shelling out substantial sums when they aren't in a position to offer vacant position for the foreseeable future. 

flower77g

Seller is being unreasonable as there is no obligation for any buyer to survey a property they are buying.    The seller is also being disingenuous: they haven't had the ability to evict tenants because of COVID-19, and would need two months notice, or more to do so, if tenants fail to leave.     Look at other properties.   If you do not wish to do that, at least ask your solicitor to point the problem out in writing to the seller's solicitor and ask the seller to pay the full survey costs at the expense if they wish to expedite in advance of the property being empty of tenants.

rik111

Ignorant seller, you should have refused to do anything until tenants had left.... Have you considered the tenants are being turfed out of their home and may not actually want to leave. They may be difficult and if so with backlogs at the courts could be still there in a years time. Who knows what will happen to the house in the mean time, it’s not unheard of for unhappy tenants to trash the place before they leave. As someone else suggested give them you ultimatum and in the mean time book some more viewings.

Thrugelmir

If you've had your mortgage "approved".  Why are still awaiting for a survey?